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HomeMy WebLinkAboutCC 2019-01-10 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, January 10, 2019 9:00 AM Regular City Hall City Commission Francis Suarez, Mayor Ken Russell, Chair Wifredo (Willy) Gort, Vice Chair Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Keon Hardemon, Commissioner, District Five Emilio T. Gonzalez, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes January 10, 2019 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Russell, Vice Chair Gort, Commissioner Carollo, Commissioner Reyes and Commissioner Hardemon. On the IOth day of January 2019, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chair Russell at 9:07 a.m., recessed at 11:51 a.m., reconvened at 2:37p.m., and adjourned at 3:42 p.m. Note for the Record: Commissioner Reyes entered the Commission chambers at 9:08 a.m., Vice Chair Gort entered the Commission chambers at 9:08 a.m., Commissioner Carollo entered the Commission chambers at 9:10 a.m., and Commissioner Hardemon entered the Commission chambers at 9:16 a.m. ALSO PRESENT: Emilio T. Gonzalez, Ph.D., City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair Russell: Good morning, everybody. Good morning, good morning. Welcome to the January 10, 2019 meeting of the City of Miami City Commission in these historic chambers. I am your brand-new Chairman, Ken Russell. I will be joined by Commissioners Joe Carollo, Manolo Reyes, Keon Hardemon, and our new Vice Chairman, "Willy" Wifredo Gort. Also on the dais are Emilio Gonzalez; City Manager [sic] Victoria Mendez and City -- I'm sorry -- City Manager Emilio Gonzalez; Victoria Mendez, the City Attorney; and Todd Hannon, City Clerk. All rise, please, for the pledge of allegiance. Pledge of allegiance delivered. Chair Russell: Thank you very much. Commissioner Gort is here, and will give us the invocation. Invocation delivered. Chair Russell: Thank you very much. PART A - NON -PLANNING AND ZONING ITEM(S) PR - PRESENTATIONS AND PROCLAMATIONS PR.1 PROTOCOL ITEM 5369 Honoree Presenter Protocol Item Luis Rolle Commissioner Gort Salute D1 Christmas Event Volunteers Commissioner Gort Certificate of Appreciation Director Kirwin Commissioner Russell Proclamation City of Miami Page 1 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 RESULT: PRESENTED 1) Mayor Suarez and Commissioner Gort saluted Mr. Luis M. Rolle and recognized him for his outstanding service. Mr. Rolle currently serves as the Field Office Director for the U.S. Department of Housing and Urban Development (HUD). He diligently works to ensure that all HUD projects and initiatives are developed in a timely and efficient matter. He has also served our community through his extensive work in the military. Since May 2005, Mr. Rolle has held numerous positions within our troops, such as Chief of Logistics, Medical Platoon Leader, and Chief of Operations, in different areas of the world. Mr. Rolle has selflessly served our country and fought for our freedom. His leadership and dedication have allowed him to receive numerous awards and recognitions. In 2011, he was awarded the Bronze Star Medal, in 2012 he received the Presidential Unit Award, and in 2016 he earned the Army Superior Unit Award. The Elected Leadership of the City of Miami paused in their deliberations of governance to honor Mr. Luis M. Rolle. 2) Mayor Suarez and Commissioner Gort recognized and honored the volunteers of District 1 's 2018 Holiday Toy Drive Event. Their hard work, dedication, and philanthropic efforts ensured the success of the event and brought joy to numerous children in the City of Miami. The Elected Leadership of the City of Miami paused in their deliberations of governance to commend the volunteers. 3) Mayor Suarez and Chair Russell presented a proclamation to Mr. Kevin M. Kirwin. Mr. Kirwin is a dedicated and hardworking community leader who served as the Director of the City of Miami Parks and Recreation Department. Prior to serving as Director, he served our community as Park Service Aide, Job Training Specialist, Rangemaster, Crandon Park Manager, and Administrative Officer. As Director of the Parks and Recreation Department, Mr. Kirwin diligently worked to improve the goods and services provided to City of Miami residents. He worked with the Health Foundation of South Florida and the Trust for Public Land to provide additional outdoor and fitness equipment to residents, created the Fit 2 Play Afterschool Program, established the playground renovation and replacement program, and founded the Natural Areas Management Section. Under his leadership, the City of Miami Parks and Recreation Department earned numerous prestigious awards, including the 2017 Florida Parks and Recreation Association Agency of Excellence Award for Superior Category and the 2018 Agency of Excellence Award for Environmental Sustainability. Mr. Kirwin served our country as a member of the United States Marine Corps and helped protect our freedom and principles. The Elected Leadership of the City of Miami paused in their deliberations of governance to honor and commend Mr. Kevin M. Kirwin and his accomplishments and thereby proclaimed Thursday, January 10, 2019 as "Kevin M. Kirwin Day" in the City of Miami. Chair Russell: We'll now make the presentations and proclamations. Presentations and proclamations made. City of Miami Page 2 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission - Planning and Zoning - Sep 27, 2018 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Reyes ABSENT: Carollo, Hardemon Chair Russell: Could I get a motion to approve the minutes of both the Planning & Zoning meeting of September 27, as well as the second budget hearing of September 27, 2018, please? It's been moved by Commissioner Reyes. Vice Chair Gort: Second. Chair Russell: Seconded by Commissioner Gort. All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Motion passes. AM.2 City Commission - Second Budget Hearing - Sep 27, 2018 5:05 PM ORDER OF THE DAY MOTION TO: Approve RESULT: APPROVED MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Reyes ABSENT: Carollo, Hardemon Note for the Record: For minutes referencing Item AM.2, please see Item AM.1. Chair Russell: We'll now begin the regular meeting. The City Attorney will state the procedures to be followed during this meeting. Victoria Mendez (City Attorney): Thank you, Mr. Chairman. Any person who is a lobbyist, including all paid persons or firms retained by a principal to advocate for a particular decision by the City Commission, must register with the City Clerk and comply with the related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office or online on wwwmunicode.com [sic]. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of this Code section is available in the City Clerk's Office or online at wwwmunicode.com [sic]. The material for each item on the agenda is available during business hours or at the City Clerk's Office and online 24 hours a day at wwwmiamigov.com [sic]. Any person may be heard by the City Commission through City of Miami Page 3 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period, or otherwise. When addressing the City Commission, the member of the public may first state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium for your ease of reference. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications or viewed online at wwwmiamigov.com [sicJ. No cell phones or other noise -making devices are permitted in chambers; please silence those devices now. No clapping, applauding, heckling, or verbal outburst in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. No signs or placards shall be allowed in Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of the deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. At this time, the Administration will announce which items are being either withdrawn, deferred, or substituted. Thank you. Chair Russell: Mr. Manager. Emilio T. Gonzalez (City Manager): Happy New Year, Mr. Chairman. Good morning. Chair Russell: Good morning. Mr. Gonzalez: Mr. Chairman, Mr. Vice Chairman, Commissioners, Madam City Attorney, and Mr. City Clerk, at this time, the Administration would like to defer and/or withdraw the following items: Item PH.4, deferred to January 24; Item FR.2, deferred to February 14; Item AC.1, deferred to January 24; and Item DI2, deferred to January 24. That's all I have, sir. Commissioner Reyes: Would you repeat that, please? Mr. Gonzalez: Yes, sir. Item PH.4, deferred to January 24; Item FR.2, deferred to February 14; Item AC.1, deferred to January 24; Item DI2, deferred to January 24. Chair Russell: Do any Commissioners wish to have any items removed from the consent agenda or the regular -- moved to the regular agenda? Any order of the day issues that you'd like to see changed, gentlemen? Hearing none, is there a motion on Vice Chair Gort: Move it. Chair Russell: -- the order of the day? There's been a motion by Commissioner Gort; seconded by Commissioner Reyes. All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 4 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Chair Russell: Motion passes. Later... Chair Russell: Before we begin our public comment period, I'd like to just welcome you as your new Chairman. I've been on the Commission now for three years, under both the leadership of Commissioner Gort and Commissioner Hardemon, and I've learned a lot. I hope to bring the patience of Commissioner Gort and the efficiency of Commissioner Hardemon to these proceedings, and I thank them both for the leadership that they've brought, and all that I've learned. It is my hope to help guide the proceedings of this hall with process, progress, and peace. And I look forward to a great year working with all of you, the Administration; and, of course, the public, who are not guests in this hall, but rather our bosses. So before we go into public comment, I'm going to start a new tradition here where our Mayor -- our good Mayor -- will address us with any comments he has with regard to this agenda, any comments he'd like to make with the goings on of this week, and I'll turn the dais over to the Mayor. Commissioner Reyes: Mr. Mayor, if I may, let me congratulate -- Mayor Francis Suarez: Of course. Commissioner Reyes: -- our new Chair and Vice Chair, and I'm looking forward working for you -- with you -- and I hope that we do it in peace. And I have only one question: Why your gavel is bigger than the previous one? I mean Chair Russell: I'll take that as a rhetorical question. Commissioner Reyes: -- is that --? It's a rhetorical question, but it does have any meaning or -- Chair Russell: We -- Commissioner Reyes: -- a message? Chair Russell: This is about the process part. Commissioner Reyes: Okay. Chair Russell: We're going to -- Vice Chair Gort: Because he made it himself. Chair Russell: -- keep things moving. Vice Chair Gort: May I have a minute, please? Chair Russell: Yes, sir. Vice Chair Gort: Mr. Mayor, I got a little emotional today, this morning, when I was asking for the moment of silence, and I think I did not get the first name right. But the moment of silence was for Julio Gonzalez Rebull. Thank you. Commissioner Reyes: Julio Gonzalez Rebull. Chair Russell: Thank you very much, Commissioner Gort -- Vice Chairman. City of Miami Page 5 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Mayor Suarez: I didn't think it was appropriate to interrupt you in the moment of silence, Commissioner, to make that change. Later... Chair Russell: Madam City Attorney, just to confirm, we did not withdraw that item; we actually deferred that item during the Order of the Day, so it doesn't need to be withdrawn. Ms. Mendez: Right. It can -- it has to be withdrawn. It cannot be deferred. Chair Russell: Okay. That's the clarification you needed. Ms. Mendez: Yes. That's what 1 said at the beginning -- Chair Russell: All right. Ms. Mendez: -- before I read this. Chair Russell: You don't need a voter on that, do you? Vice Chair Gort: Move it. Ms. Mendez: No. I'm withdrawing it, so I withdraw it. Chair Russell: She 's withdrawing. Ms. Mendez: It doesn 't have to be deferred, and then I read the new one. Remember that they always have to be noticed; they can never be rolled over. Todd B. Hannon (City Clerk): Right, but the Commission actually took action on it this morning during the Order of the Day, so I would just ask for AC.1 to be reconsidered and then for the Commission to withdraw it. Chair Russell: That 's AC.1 ? Mr. Hannon: Yes. Chair Russell: All right. I'd like to ask the Commission to -- Vice Chair Gort: Move it. Chair Russell: -- give me a motion to reconsider AC.1. It's been moved by Commissioner Gort; seconded by the Chair. All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: And then the City Attorney unilaterally withdraw that item --? Mr. Hannon: No. Chair Russell: -- or do you need a reconsider --? Mr. Hannon: The Commission would need to withdraw it from the agenda. Chair Russell: All right. Commissioner Reyes: You need a motion? City of Miami Page 6 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Chair Russell: I do need a motion to withdraw the AC (Attorney Client) item from today's agenda. Commissioner Reyes: Move it. Chair Russell: It's been moved. Commissioner Carollo: Second. Chair Russell: Seconded by Commissioner Carollo. Any comment on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Motion passes. Thank you -- Ms. Mendez: Thank you. Chair Russell: -- very much, everyone. We are adjourned at 3:43. PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S) Mayor Francis Suarez: Thank you, Mr. Chair, and Happy New Year to all of you. Thank you for your welcoming message, and thank you for the opportunity to address the Commission on a regular basis with what I feel is sort of the over- arching issues of the day, as you all deliberate; specifically, on each item, and make the decisions that are calculated to benefit the residents of the City of Miami that we all serve. And I want to thank Mr. Manager, Madam City Attorney. I feel very protected on the right and the left here. Today I'd like to advance a series of items that directly impact and improve the lives of our residents. You'll see that there will be a theme as this year progresses, and that all of our items are going to be sort of bucketed into this theme, which are the major issues that our residents are concerned about. The first is a resolution authorizing the City Manager to negotiate and execute an agreement between the City of Miami and the Democratic National Convention to advance Miami's bid to host the 2020 Democratic National Convention. Miami is the Magic City, because it is a city of freedom and dreams for millions of new Americans and their children, who fled tyranny, oppression, and persecution. And Miami's story is the American story. We are a city of newcomers, mavericks, immigrants, and entrepreneurs who have built a city that is strong, resilient, democratic, and diverse. Therefore, it is fitting for the City to host a national convention as a testament to our vibrant civic spirit, and commitment to freedom and democracy, both home -- at home and abroad. Hosting the 2020 Democratic National Convention will create more jobs, will deliver more revenue, and will showcase our city as more than just a tourist destination, but a center for innovation, finance, and entrepreneurship. I am pleased and will be pleased to hear, I believe, from Mayor Dan Gelber, who will be here, I believe, today, representing the City of Miami Beach, who has sort of taken the lead; and Mayor Carlos Gimenez, who cannot be with us today, but sent a letter of support. And I think this shows a multijurisdictional collaboration on trying to get this -- a nonpartisan collaboration on trying to bring this convention to the City of Miami. The remaining items on the agenda concern our continued commitment to resiliency and quality of life. The proposed ordinances and resolutions demonstrate our continued commitment to investing in our public infrastructure, and securing access to fair homeownership and rental accommodations. Items SR.2 and SR.3 pertain to two City parks that the City broke ground on about a month ago. And again, I want to thank Kevin Kerwin and our CIP (Capital Improvements Program) Director for City of Miami Page 7 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 allowing me, and working tirelessly alongside me when I was a resident of District 4 and the Commissioner of District 4 to support these items. I want to thank Commissioner Reyes for his work in picking up the baton and doing an excellent job with his staff of bringing these parks onto our inventory, and making them beautiful. You really have taken the time, the energy to get the pulse of the community and make sure that the parks reflect that pulse, so I really want to thank the Commissioner for taking on that process with me. A first reading, FR.1, which is sponsored by Chairman Russell and Commissioner Reyes is an ordinance to reform and incorporate specific enforcement provisions, penalties and requirements for restrictive covenant associated with affordable and workforce housing. We have to make sure that if we finance these projects and that we have public money in them that people will be held accountable if they're not meeting their covenants, which is an important piece of legislation, so I want to thank them for advancing it. And, of course, something that we have seen in some of the projects in the City, including the one in 1809 Brickell, which is when these -- the affordability period ends and the developers are free to sell, oftentimes, there is a huge displacement potential, and I want to thank the Commission for working with my office to make sure that we do everything that we can in our power within the law to prevent that from happening. Thank you all. Chair Russell: Thank you, Mr. Mayor. We will now open up the floor for public comment. Anyone who is here to address the Commission, please line up at either of the two lecterns. And while you're doing that, I'll talk a little bit about our procedures for the day. We have two time certain items today. At 11 a.m., we'll be taking up RE.4, which is about the agreement with the Democratic National Convention. At 2:30 p.m., we'll be taking up PH.5, which is the Coconut Grove BID (Business Improvement District) Assessment Roll and Equalization Board. Other than that, we will be moving very efficiently through our agenda. I recommend anyone who is here to address the Commission to come at 9 a.m. and be ready to speak on any of the items that are on the morning's agenda. You'll have two minutes each to speak on the item. I'm not seeing anyone line up. If we've got anyone here to speak on any of the items on today's Commission, please come up to the lecterns. You'll have two minutes to speak. Please address the Chair. And we're going to be moving through the different buckets of items that we have quite quickly. We have a consent agenda; we have a public hearing agenda; we have a resolution agenda; and then, we have our ordinances. So we're going to divide those into batches. If anyone is here to speak on any of those items, you can address all of those at this time. Good morning. Let me turn on your mike. Truly Burton: That's the light on. Thank you very much, Mr. Chairman. Congratulations about being -- rising to be Chair. Good morning. My name is Truly Burton. I represent the Builders Association of South Florida. I'm here to talk about four of the housing items, okay? First, we -- I want to let everyone know here that we share the Commission's goal of continuing to provide workforce housing and affordably -- and affordable places for people to live in. There are four housing items on the -- today's agenda that have concern, and to various degrees. Mainly, the -- our members are seeking clarification and greater understanding of them. First of all, it's DI. 3, which relates to which area median income to use, City or County. I will share with you that a change from the County to the City's AMI (area median income) could imperil current financing programs that are working very well to build a lot of affordable housing developments. Second is the issue of covenants, which Mayor raised. We support, of course, stronger enforcement of covenants. Our suggestion is to make more standardized documents for those, because right now, they seem to take a while to get those done, but standardized documentation would help with enforcement, as well. Chair Russell: That's FR.1. City of Miami Page 8 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Ms. Burton: FR.1; yes, sir. And there are two FL (future legislation) items, as well. But just to be brief here, the main issue is how these four housing items all interrelate with each other, okay? Our members need more technical backup and economic data so they can understand how these four items are going to continue to help produce more affordably priced housing. Our concern is that with -- without some kind of public workshop or a series of workshops, so our members can understand how these things are going to work together well, there could be a lot of unintended consequences, or at least one or two bad ones that our members are very concerned about. So before this Commission moves ahead -- or as they move ahead -- I would respectfully request that they conduct a series of workshops, public workshops, with the industry, with public, with every -- anyone who wants to be here, so our members can understand how this is going to work. Thank you very much. Chair Russell: Thank you. Michael Margulies: Good morning. Happy New Year. Thank you. Michael Margulies, with the Arts and Entertainment Council. I'm not -- this isn't about the agenda. I just wanted to thank the Commission for your support. I earmarked a few things that we did this year; and so, I'd just like to do a quick rundown, if that's okay. We did our seventh annual "Paint Me Miami" painting competition. It was a successful event. We do it every year. We received five $2, 000 scholarships, for a total of $10,000, which we earmarked for school and visual performing arts students residing in District 5, via Commissioner Hardemon's Anti -Poverty Initiative. We received, also, three $2,000 scholarships, for a total of $6,000 we earmarked for high school visual performing arts students residing in District 1. Thank you, Commissioner Gort, and the Bayfront Park Trust Foundation. We also donated a thousand dollars to WDNA. They do a lot of community outreach through their jazz radio station. We look forward for your continued support this year. What else? Promoting arts, community outreach, as we continue to do our yearly, you know, outreach. So thank you; appreciate it. Take care. Chair Russell: Thank you very much. And thanks for coming. Mr. Clerk, do we have a regular time where the different boards can report annually to the City Commission if they choose? Todd B. Hannon (City Clerk): That is done in March, sir. Chair Russell: All right. I really appreciate you coming, and I do, and I thank you very much. Mr. Margulies: Thank you for your time. I just wanted to -- Chair Russell: Not at all. No, no, and I didn't mean to say that as a reprimand of any sort. We're trying to keep public comments confined to the agenda items, but I'd be glad to put anyone on the agenda who'd be interested in reporting on where their board stands, and what -- if they have any specific issues. You can contact my office or the City Manager's Office any time. Mr. Margulies: Okay. Chair Russell: Thank you very much. Mr. Margulies: Thank you. Thank you, Commissioner Hardemon. I appreciate it. Vice Chair Gort: Thanks for the work you do. Sherman Rattner: Good morning. Happy New Year to everyone. Congratulations, Commissioner, on the Chairmanship. Special thanks to Commissioner Russell and City of Miami Page 9 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 to Mayor Suarez for the work that they did at 1809 Brickell regarding the extension of the lease. This is of very important significance to the residents, and thank you very much on that. My name is Sherman Rattner. I'm the President of 1809 Brickell Tenants Association. You have quite a few measures on the agenda concerning affordable housing. Obviously, while everybody else has been on vacation, the City has been working very hard. I think I'm in a little bit of a unique position in that I live in affordable housing. I am the President of an association for affordable housing. And one -- every one of these issues directly impact on the situation that we face. Come September 1, 2019, as things currently stand, 400 residents will be looking for a place to live, and this is happening all over the City. So, in my mind, the litmus test of all of these proposals -- preserving existing housing; the mixed - income program; I think there's a discussion of rent lit -- enforcement of new affordable housing programs; creation of new affordable housing; 30 year financing assistance to programs; issues involving individual ownership -- all of those issues touch on our situation. So, to me, the litmus test -- I give an A plus for the effort that has gone here -- but the litmus test is that none of these things will help our situation. It will not preserve the affordable housing that exists at 1809 Brickell. It will not create a mixed -income property there that is ideally suited, that the Commissioners have indicated that they would welcome there. It will not deal with the rent rises that they will face. It will not deal with the enforcement; for example, the new housing in Allapattah, where they made commitments. So that is the litmus test. And I hope you will review these issues. I think the suggestion of a workshop as soon as possible to resolve these issues -- and you should be asking yourself, "What does it do to help the 400 people at 1809 Brickell?" Thank you very much. Chair Russell: Thank you for your comments. Miguel Soliman: Miguel Soliman, 1436 Southwest 6th Street, Miami, Florida 33135. Good morning to all. Good morning, Commissioners. Mr. Chairman, congratulations; and Vice Chairman Gort, congratulations to you, also. I'm here to speak in reference to RE.4, and my only concern is the last line of this item. It says, "Subject to all budgetary approvals at time of need." It's spending taxpayers' money to contribute, whether it be through in -kind donations, or any other, it would be money going to a political organization, whether it's -- any party. I don't feel that my tax dollar should go to any party, whatsoever. It should be a hundred percent funded by that party. And we need -- we have a lot of needs, our children in Commissioner Hardemon's district. Little Havana, we have a lot of children in need, a lot of elderly in need. And any money that would be directed towards a cause like that would be better used and better serviced for our children and elderly. Thank you very much. Chair Russell: Thank you for your comments. Melissa Tapanes Llahues: Good morning, and Happy New Year. Congratulations, Chairman Russell. I'm here with my colleague, Javier Avino, on behalf of the Latin Builders Association. We're here to just echo what Ms. Burton, from the Builders Association of South Florida said, regarding Discussion Item Number 3, FR.1, FL.1, and FL.5310. Our goal at the Latin Builders Association is to be your partner in the development industry. We are in favor of workshopping the more macro issue of affordable, attainable, and workforce housing. We believe that coming to the table together, we have good ideas to share with you, dealing with enforcement, as well as the density and FLR (floor/lot ratio) bonuses in Miami 21, 3.15. So we would really respectfully request some time to discuss these items. Thank you. Chair Russell: Thank you very much. Further public comment? Steven Wernick: Good morning, Mr. Chair, Commissioners. Steve Wernick; address, 98 Southeast 7th Street; here with the Builders Association of South Florida City of Miami Page 10 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 and the City of Miami Working Group, and here to touch on Items DI.3 and FR.1 and -- as well as the future legislation, in the sense that we all know we have an issue that is citywide related to affordable housing, and it's complex. There's affordable housing finance considerations in terms of how these units get delivered; there's -- Capital "A" -- Affordable housing; there's workforce housing. We have all kinds of definitions. There's a lot of great attention that I think will benefit from being talked about as a unified approach. I think the idea for a public workshop, where we can bring in industry experts to talk about what potential impacts might come about by adjusting AMI to a City AMI from a County AMI, with the State Housing Finance System, and some of the numbers that I've seen are alarming in terms of a potential to really put development of affordable housing in City of Miami at a disadvantage. As to the covenant, I think there's a couple of improvements that might be helpful to the enforcement that provide more certainty. Truly Burton mentioned a template or standard language that would be used within the covenant. The references to the applicable AMI, as I mentioned, I think that's causing some concern that it would be helpful to know what AMIs we are using. And practically, a provision for an estoppel letter would be very helpful when we're dealing with lenders; a zoning opinion. The ability to request a letter from the City when you do have a project that's in compliance and is providing the units that are supposed to be there, being able to get that certainty that that project is in compliance can be very helpful in refinancing the project or a transaction. So thank you so much for your help. Chair Russell: Thank you very much. Further public comment? Please. Brenda Betancourt: Good morning. Brenda Betancourt, 1436 Southwest 6th Street, Miami, Florida 33136. Congratulations to both of you for your new positions as our Chair and Vice Chair, and hopefully, it will be able to be a successful transaction [sic] between our dear Keon Hardemon, which we're going to miss you anyway, to be in there. To me, just I have encountered feelings about the RE.4. A great man said this morning to me that we have to be political correct, and allow everybody to express them self, and be able to have all kind of events in our City. But in the same time, I have issues when I have seniors that need; streets that are dirty; drainage that they're not working; lightbulbs that they are not being fixed. And when we have so many services, there are lack of money for you guys to provide service for our community. And then I hear in this Resolution RE.4: In furtherance the proposal of the convenience [sic], subject to a budgetary approval at the time of need. Meaning: If this convention, if you guys approve to come here or to be in our County, or whatever it is that you guys have to do, because one thing is, as a citizen, what we know, and another one is what you guys, as a politician sitting in a position has to do; it's different. But what that means is -- to us, as a citizen -- is you guys are willing to spend any kind of money, even kind -- in -kind is money, people. If those (UNINTELLIGIBLE) that want to realize it. So when we do that, what are we saying to our citizen? It's more important to give in -kind to the Democratic Convention, who's coming to the County of -- City of Miami, or Dade, or wherever, where they coming? It's more important for you guys to do in -kind and be nice to everybody instead of be -- serving your community? That's what we have to put a balance exactly when we do the vote next time that you guys are going to election. That's exactly the point. What is more important to you? Give in -kind to this -- whatever it is that they coming to the City of Miami, or protect your citizen, protect your park, your seniors, your kids, the schools? What is more important to you? And that's will determine who you are. Thank you. Chair Russell: Thank you very much. Albert Milo: Good morning. Happy New Year. Gratulation [sic], Mr. Chairman, Commission. Albert Milo, President, Related Urban; just here just to just chime in briefly on the four different housing items. As I've done in the past, you know, I would like to certainly participate and make myself available to kind of help out the City of Miami Page 11 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 ultimate goal, which, what we know is to try to produce more affordable housing at the different income levels. You know, I remember, I guess, over a year and a half ago, when we were here trying to get the mixed -income ordinance passed, there was some concerns about how we modify 3.15; and how do we create the attainable housing piece? And, you know, we were able to put in some incentives for mixed - income housing, which I think is the wave of the future. I've shared it with many of you. I don't think that there's going to be the ability going forward, based on resources, to produce buildings that are strictly affordable. There's going to have to be buildings that are going to have to serve different income levels, and that's the only way that those economics are going to work. So it's a matter of just now finding a way to hit the thresholds and the public policy goals that this Commission wants to see for the residents of the City of Miami, and making sure that we can get these projects built. So I do think that there's a lot of things that we can still improve in the ordinance. I think it was good; it was a progressive ordinance when it passed originally, but I think there's some tweaks that we can make to make it a lot better, and I look forward to working with all of you. And I'll make myself available, as you know, and -- to help, you know, with the nuts and bolts, because the Devil's in the details of how we make it -- how we get through the ultimate goal of more production of units, because that's the only solution. So thank you. Chair Russell: Thank you very much. Julio Martinez: Good morning. My name is Julio Martinez. I'm the former Mayor of the City of Hialeah. I know most of you. I just wanted to say that many, many years ago, when I was a councilmember in the City of Hialeah, I protested the convention that the Democratic Party had in Miami Beach. I was there, along with the former President of the Latin Chamber of Commerce, Vicente Rodriguez; may he rest in peace. The other person that was there with me was Commissioner Pedro Reboredo, and myself. There was only three of us protesting that. And I'm just here to say that I'm protesting this time, again. Thank you very much. Chair Russell: Thank you very much. Is there anyone else who would like to address the City Commission or the Administration with regard to public comment? Hearing none, I will close public comment, and thank you for that. I do want to draw attention to the fact that a few people referenced the FL agenda, which is future legislation. This is something that the body brought forward over a year ago, creating a new section of the agenda that slows down some of the legislation that the Administration might be bringing so that the public has time to weigh in on it. So for those of you following at home, I do hope you look at the future legislation section. You have a 60-day period to send emails, calls to the Manager's Office on how you feel about this legislation; recommendations you may have. However, coming to the current agenda to speak about the future legislation is not the correct place. We're not taking that item up on the dais. I know we didn't get into any substance, so I -- that's absolutely fine, and it is related to the housing issue that many brought up. But I just wanted to make sure people know about the future legislation, and really encourage you to watch what's going on, on our upcoming agendas so that you never feel blindsided by something we're bringing to the dais. Later... Chair Russell: Calling back from lunch; we do have a quorum. Thank you very much, everyone. We have three remaining items on our agenda today. We have a time certain, PH.5, Special Assessment of the Coconut Grove Business Improvement District; we have a discussion item on the City versus County AMI (Area Median Income); and then Commissioner Carollo has a discussion item number DI -- D -- District 3, discussion item on Code Enforcement, and that will conclude our business of today when we get through that. I'm going to start by opening public comment on any of the items in this afternoon's agenda. If you'd like to speak on any of the City of Miami Page 12 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 things that we 're dealing with having to do with the Coconut Grove issue specifically, please hold on that until after the presentation, and we'll take all public comments, because that -- in that case, we 're acting as a Equalization Board, the City Commission is. So if anyone from the public would like to speak on the discussion items or anything else we 're dealing with, other than the equalization, please approach the lectern. Mr. Rattner, I believe you already spoke this morning on the item, though. Thank you. Unidentified Speaker: (UNINTELLIGIBLE). Chair Russell: About the BID (Business Improvement District), if you'll hold on that one, because we 're going to get the ground rules on that, on the item. If there's no one else on anything other than the BID item, we'll take up that one, PH5, please. Who's presenting that item? MV - MAYORAL VETOES NO MAYORAL VETOES (Pursuant to Section 4(g)(5) of the Charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the City Clerk as the first substantive item(s) for City Commission consideration.) Chair Russell: Mr. Clerk, are there any mayoral vetoes? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. END OF MAYORAL VETOES City of Miami Page 13 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 CA.1 5122 Department of Fire - Rescue CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda RESULT: ADOPTED MOVER: Wifredo Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes, Hardemon ABSENT: Carollo RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT SUPPLEMENTAL FUNDING IN THE AMOUNT OF $17,507.00 FROM THE DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA") FOR THE "FISCAL YEAR 2017 — COOPERATIVE AGREEMENT FOR THE FLORIDA URBAN SEARCH AND RESCUE ("USAR") TASK FORCE," THEREBY INCREASING THE SPECIAL REVENUE PROJECT TITLED "FY 2017 — DEPARTMENT OF HOMELAND SECURITY — FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA") — URBAN SEARCH AND RESCUE ("USAR") READINESS COOPERATIVE AGREEMENT" FROM THE $1,202,013.00 PREVIOUSLY AWARDED BY RESOLUTION NO. 17-0505 TO $1,219,520.00; APPROPRIATING FUNDS IN AN AMOUNT NOT TO EXCEED $17,507.00 CONSISTING OF A GRANT FROM FEMA TO BE USED BY THE DEPARTMENT OF FIRE -RESCUE FOR COMMUNICATIONS EQUIPMENT RECAPITALIZATION; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT. ENACTMENT NUMBER: R-19-0001 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.1, please see "End of Consent Agenda." City of Miami Page 14 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 CA.2 5171 Department of Fire - Rescue RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM FISCAL YEAR 2017" AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME CONSISTING OF A GRANT AWARDED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, GRANTS PROGRAM DIRECTORATE IN THE AMOUNT OF $90,910.00, WITH A REQUIRED MATCHING FUND FROM THE CITY OF MIAMI ("CITY") IN AN AMOUNT NOT TO EXCEED $9,090.00, RESULTING IN AN APPROXIMATE TOTAL FISCAL IMPACT OF $100,000.00, TO PURCHASE HIGH PRESSURE FIRE HOSES FOR THE PERIOD BEGINNING JULY 6, 2018, THROUGH JULY 5, 2019; AUTHORIZING THE DISBURSEMENT OF MATCHING FUNDS FROM ACCOUNT NUMBER 00001.181000.899000.0000.00000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT ACCEPTANCE OF SAID GRANT. ENACTMENT NUMBER: R-19-0002 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.2, please see "End of Consent Agenda." CA.3 RESOLUTION 5153 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A VOLUNTARY COOPERATION MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, APPROVING THE CITY OF MIAMI POLICE DEPARTMENT'S CONTINUED PARTICIPATION IN THE SOUTH FLORIDA FINANCIAL CRIMES STRIKE FORCE, CONSISTING OF THE MIAMI-DADE COUNTY STATE ATTORNEY'S OFFICE AND OTHER PARTICIPATING LAW ENFORCEMENT AGENCIES, TO COMBAT ILLEGAL MONEY LAUNDERING, DRUG TRAFFICKING, RELATED CRIMINAL VIOLATIONS, AND TO DISRUPT ORGANIZATIONS ENGAGING IN SUCH ACTIVITY THROUGH COORDINATED AND LONG-TERM INVESTIGATIVE, FORFEITURE, AND PROSECUTION EFFORTS, PURSUANT TO THE AUTHORITY UNDER PART 1, CHAPTER 23, OF THE FLORIDA STATUTES, "THE FLORIDA MUTUAL AID ACT." ENACTMENT NUMBER: R-19-0003 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.3, please see "End of Consent Agenda." City of Miami Page 15 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 CA.4 RESOLUTION 5184 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BID RECEIVED SEPTEMBER 11, 2018, PURSUANT TO INVITATION FOR BID ("IFB") NO. 923384, FOR SERVICE AND MAINTENANCE OF UNINTERRUPTIBLE POWER SUPPLY (UPS) FROM EOLA POWER LLC, ("EOLA") THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE MIAMI POLICE DEPARTMENT ("MPD"), SEMI-ANNUALLY AND ON AN EMERGENCY CALLBACK BASIS, FOR AN INITIAL PERIOD OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE MPD'S GENERAL FUND ACCOUNT 00001.191501.546000, AND OTHER SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER CONTRACT DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVAL, HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI - DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0004 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.4, please see "End of Consent Agenda." City of Miami Page 16 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 CA.5 RESOLUTION 5185 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BID RECEIVED SEPTEMBER 17, 2018, PURSUANT TO INVITATION FOR BID ("IFB") NO. 936381, FROM MED-ENG, LLC. ("MED-ENG"), THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PURCHASE OF MED-ENG EXPLOSIVE ORDINANCE DISPOSAL BOMB TEN SUITS ("BOMB SUITS") AND ACCESSORIES, FOR THE MIAMI POLICE DEPARTMENT ("MPD") ON AN AS -NEEDED BASIS, FOR AN INITIAL PERIOD OF TWO (2) YEARS, WITH AN OPTION TO RENEW FOR ONE (1) ADDITIONAL ONE (1) YEAR PERIOD; ALLOCATING FUNDS FROM THE MPD ACCOUNT NO. 00001.190101.552200.0000.00000 AND OTHER SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI - DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0005 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.5, please see "End of Consent Agenda." City of Miami Page 17 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 CA.6 RESOLUTION 5168 Department of Risk Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF RAYFORD SHIPMAN, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $50,000.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS, AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $49,900.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-19-0006 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.6, please see "End of Consent Agenda." CA.7 RESOLUTION 5170 Department of Risk Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF JOSE OLIVA, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $425,000.00 INCLUSIVE OF COSTS, ATTORNEY'S FEES, AND A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS, AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AND A GENERAL RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $424,900.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-19-0007 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.7, please see "End of Consent Agenda." City of Miami Page 18 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 CA.8 5260 Office of the City Attorney CA.9 5349 Department of Solid Waste RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY JESUS MURGADO AND HIS ATTORNEYS, CORONA LAW FIRM, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF FORTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($47,500.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEY'S FEES, AGAINST THE CITY OF MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED JESUS MURGADO VS. CITY OF MIAMI, PENDING IN THE MIAMI-DADE COUNTY CIRCUIT COURT, CASE NO.: 16- 19959 CA 15, UPON THE EXECUTION OF GENERAL RELEASES AND SATISFACTIONS OF JUDGMENT AS TO ALL CLAIMS AND DEMANDS AND A DISMISSAL OF THE CITY WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545013.0000.00000. ENACTMENT NUMBER: R-19-0008 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.8, please see "End of Consent Agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A PAYMENT TO THE CITY OF MIAMI IN THE AMOUNT OF $500,000.00 FOR PAYMENT OF ALL REMAINING CLAIMS AND DEMANDS PURSUANT TO AUDIT NO. 18-08 OF WASTE CONNECTIONS OF FLORIDA, INC., F/K/A PROGRESSIVE WASTE SOLUTIONS OF FL, INC., A DELAWARE CORPORATION. ENACTMENT NUMBER: R-19-0009 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.9, please see "End of Consent Agenda." END OF CONSENT AGENDA Chair Russell: All right. I will move to the consent agenda. I did not hear any changes from the consent agenda this morning in the order of the day. Just to reconfirm, is there any Commissioner who would like to pull something from the consent agenda for discussion or individual vote? None. All right. Is there a motion to approve the consent agenda, please? Vice Chair Gort: Move it. Commissioner Reyes: Second. City of Miami Page 19 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Chair Russell: It's been moved by Commissioner Gort; seconded by Commissioner Reyes. All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. City of Miami Page 20 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 PH - PUBLIC HEARINGS PH.1 RESOLUTION 5218 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS IN THE AMOUNT OF $150,000.00 TO CENTRO MATER CHILD CARE SERVICES, INC., A FLORIDA NOT FOR PROFIT CORPORATION, AS FURTHER SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING BUT NOT LIMITED TO AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0020 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Chair Russell: Moving to the public hearing agenda, please. We have removed one itemfrom that, so we are looking at PH.1, 2, 3, 5, and 6. Todd B. Hannon (City Clerk): And as a friendly reminder, Chair, PH.5 is time certain for 2:30. Chair Russell: Thank you. PH.5, Coconut Grove Business Improvement District Equalization Board will be taken up at 2:30 p.m. So PH.1, 2, 3, and 6. Victoria Mendez (City Attorney): 6 has minor amendments. We're waiting for that, so if we can hold off on passing that one. Vice Chair Gort: Which one? Chair Russell: That's PH. 6. Ms. Mendez: Yes. Chair Russell: The Big Orange New Year's Eve Celebration. Ms. Mendez: It's just an account number change. We'll give you that information in a moment. Chair Russell: That's fine. Commissioner Carollo: PH.6, right? Commissioner Reyes: PH. 6. Chair Russell: We're working right now PH.1, 2, and 3. City of Miami Page 21 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Commissioner Reyes: PH.1, 2, and 3. PH 1, 2, and 3. Commissioner Carollo: Are we taking them out or --? Chair Russell: No. Those are going to be voted on in a block, unless anyone would have a specific PH (public hearing) item they'd like to pull from the agenda to -- for individual discussion or vote. Commissioner Carollo: Can you go over that again, slowly? Chair Russell: PH.1 is the funding for Centro Mater Childcare Services; PH.2, amending the Housing Program policies; and PH.3, CDBG (Community Development Block Grant) funding. Commissioner Carollo: Okay. Mr. Hannon: And Chair, just for the record, PH.3 will be amended to submit into the record Attachment "A." Chair Russell: Was that the substitution? Mr. Hannon: Yes, sir. Chair Russell: Thank you. So is there a motion on PH.1, 2, and 3? Vice Chair Gort. Move it. Commissioner Carollo: Move it -- second. Chair Russell: It's been moved by Commissioner Gort; second by Commissioner Carollo. Accepting the amendment, mover and seconder? Vice Chair Gort: Yes. Chair Russell: Yes. Any comment on PH 1, 2, and 3 from the dais? All in favor, say aye. The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. PH.2 RESOLUTION 5219 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CITY OF MIAMI'S DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT'S HOUSING PROGRAM POLICIES TO INCLUDE A RIGHT OF FIRST REFUSAL PROVISION AND A GENERAL UPDATE OF THE POLICIES TO REFLECT THE CHANGING HOUSING MARKET, AS FURTHER DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0021 City of Miami Page 22 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 PH.3 5220 Department of Housing and Community Development MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record: For minutes referencing Item PH.2, please see Item PH.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS IN THE AMOUNT OF $1,954,690.00 FROM THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT TO THE AGENCIES/DEPARTMENTS SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, FOR ECONOMIC DEVELOPMENT ACTIVITIES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING BUT NOT LIMITED TO AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE TRANSFER OF SAID FUNDS, SUBJECT TO ALL FEDERAL, STATE , AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS. ENACTMENT NUMBER: R-19-0022 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record: For minutes referencing Item PH.3, please see Item PH.1. City of Miami Page 23 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 PH.4 RESOLUTION 5207 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), BY A FOUR FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING FUNDS FROM THE MAYOR'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE ("API") ACCOUNT NO. 15500.101000.88200 IN AN AMOUNT NOT TO EXCEED SIXTY THOUSAND DOLLARS ($60,000.00) AND FROM THE CITY'S DEPARTMENT OF HUMAN SERVICES ACCOUNT NO. 00001.980000.882000 IN AN AMOUNT NOT TO EXCEED SIXTY THOUSAND DOLLARS ($60,000.00) FOR A TOTAL AMOUNT OF ONE HUNDRED TWENTY THOUSAND DOLLARS ($120,000.00) FOR THE ESTABLISHMENT AND FUNDING OF TWO THOUSAND FOUR HUNDRED (2,400) CHILDREN'S SAVINGS ACCOUNTS ("CSA") WITH SEED FUNDING OF A FIFTY DOLLAR ($50.00) DEPOSIT TOWARDS EACH CSA FOR INCOMING KINDERGARTEN STUDENTS ENTERING ELEMENTARY SCHOOLS WITHIN THE CITY ("FUNDS"), AS PART OF A LOCAL EFFORT FOR WHICH THE FUTURE BOUND CONSORTIUM IS BEING ESTABLISHED CONSISTING OF A PARTNERSHIP BETWEEN THE MIAMI FOUNDATION, INC., THE UNITED WAY OF MIAMI-DADE COUNTY, INC., THE MIAMI-DADE COUNTY PUBLIC SCHOOL BOARD, CATALYST MIAMI, INC., SANT LA HAITIAN NEIGHBORHOOD CENTER, THE CHILDREN'S TRUST FUND, INC., THE CHILDREN'S MOVEMENT, INC., AND THE CITY ("CONSORTIUM") FOR THE PROVISION OF FINANCIAL EDUCATION AND ASSET -BASED RESOURCES TO CITY RESIDENTS FOR INCREASED POST -SECONDARY EDUCATION, TECHNICAL SKILLS ATTAINMENT, AND IMPROVED FUTURE WORKFORCE ACCESS AND INCOME MOBILITY ("PROGRAM"), WITH THE CONSORTIUM ASSUMING FULL RESPONSIBILITY FOR THE SET- UP, ACCEPTANCE, AND MANAGEMENT OF THE FUNDS; WITH ALLOCATION OF THE FUNDS TO CATALYST MIAMI, INC., IN TRUST FOR THE City of Miami Page 24 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 CONSORTIUM, PENDING COMPLETION OF THE CONSORTIUM'S FORMATION; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, AND SUBJECT TO THE WAIVER OF ALL FEES. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes ABSENT: Carollo, Hardemon Notes for the Record: Item PH.4 was deferred to the January 24, 2019, Planning and Zoning Commission Meeting. For minutes referencing Item PH.4, please see "Order of the Day." PH.5 RESOLUTION 5333 TIME CERTAIN OF 2:30 PM Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), FIXING A FINAL ASSESSMENT ROLL FOR THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT ("BID"); FURTHER ESTABLISHING THE TIME AND MANNER FOR PAYMENT OF THE SPECIAL ASSESSMENT TO THE BID ENACTMENT NUMBER: R-19-0024 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For additional minutes referencing Item PH.5, please see "Public Comment Period for Regular Item(s)" and Item PH.1. Chair Russell: Mr. Clerk, is there a procedural method for PH.5? Todd B. Hannon (City Clerk): Essentially, Chair, the item has to do with the City Commission serving as an Equalization Board, and therefore, if someone who is affected by this particular item wants to come before the Commission to discuss the amount that's being assessed, this would be their time to do so. Madam City Attorney, ifI missed anything, please correct me. Victoria Mendez (City Attorney): No, that's perfect. Thank you. Chair Russell: All right. Is there a presentation from the side of the BID (Business Improvement District), or they're just here to answer questions and be a resource? All right. Anyone here who would like to speak on this item -- PH.5, Special Assessment, Coconut Grove Business Improvement District -- please approach either or both of the lecterns; state your name and anything you'd like to say. City of Miami Page 25 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Sachi Wagner: My name is Sachi Wagner, and I have been in business in Coconut Grove for over 47 years, and my discussion is relevant to the purpose of the BID, and I'm asked to participate in this assessment. I would like, without laboring the point at all, to discuss just a piece of my history. I came to Coconut Grove in 1971. I was supposed to go to Haiti to work in an orphanage. I was a young idealist. I was 18 years old. Poppa Doc died. They couldn't be responsible for me. So I was stranded in Coconut Grove. This community reached out to me. It was musicians and writers, artists, mavericks, free -thinkers, and from where I'd come from in Ohio, it -- I found it to be my sole refuge, and I could not return. I was -- people took me in; I had a place to stay. Needless to say, I -- I mean, I was homeless, basically. I now own two properties on Commodore Plaza and have been in business all these years. So my question to the BID, largely, is, what is the vision? Who are the guardians of that vision? Now, I know that progress is inevitable. I am a firm believer in the fact that nothing is permanent, except change. However, I am concerned about the way -- you know, it's like where and what is defining the culture of the Grove? To continue to live in this myth that it's laid back, and, you know -- and I hear the Lovin' Spoonful -- that was my era -- singing, "In Coconut Grove," but, you know, let's be realistic. We are overrun with development right now. The property values, they've woken up, they're building. And the small businesses that defined our business community, many of which are quite worthy -- When I think of something like Maya Hatcha, sweet little business -- Vivian's been in business for more than 50 years. She does not wish to retire. I think of Isabel Riera, a mother/daughter team who have a dress shop where they actually make their own designs and are very interactive with the community. I could go on; I won't bore you with that, but I want to know, what is the endgame? And what I see from the BID are things that I find for myself not to have much soul or direction. I see a lot of social media. Okay, that's the time we live in. But things like when I hear the block party that's coming, and thousands of people are going to be on Main Highway in one - block radius while a Latin rap group performs -- For seven years, I help to evolve the Coconut Grove block party, which was on Commodore. Either end of Commodore, it was a cultural event; had raised stages and there was round robin of performances from Tango to Bollywood to Haitian folk dance, to Flamenco. The Samba dancers came into the street and got everybody moving between the tables we'd put out that were like a European garden bistros. We even had professional light from the top of the buildings that were not blinding, but just gave an ambience with penance. I paid $5,000 to the Rhythm Foundation to organize the performers; they were of quality. And we always finished the evening with a grand crescendo of the Taiko drummers. That's a block party. It interfaced with the businesses. It didn't overwhelm the businesses. I don't know what Le Bouchon's going to do with a thousand people or more in front of that little bistro. That is not something that I feel bonds people with this community, and what these people are seeing when they come here is a lot -- Chair Russell: Please everybody, we'd like to let the public be heard. Thank you. Ms. Wagner: -- of brown paper windows. And, you know, is the BID --? I know that there are many members on this board, but I think a lot of them are property owners who are looking for their own agenda, and I would like the BID to be an advisory and guardian somehow to come up with whatever the new vision is, but will still allow this community to define itself with some sense of culture that is different from the rest of Miami. I don't want to see this community that took me in and nurtured me all my life, thatl built a business in, turn into just another party spot. It's -- and national chains. It's more pablum. It doesn't have any soul. And so, there are discussions that really need to be had, and there should be some concern about this. Chair Russell: Thank you, Ms. Wagner. I -- as Chairman of the BID, I can certainly -- and a small business owner myself -- I can understand where you 're coming from, City of Miami Page 26 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 and I do agree with you; the Grove is changing a lot; some for the good; some maybe too much and too fast; some maybe too big. The BID itself is meant to be representative of you, not a -- not someone that -- not an entity that thrusts its vision upon you, and so the seats on that board, which is changing -- it's reducing the number of seats on that board as it goes into its next iteration -- is meant to be balanced. There are development voices of the landowners, who are the landlords to the tenants, but who are developing those spots, and they have a certain vision that they're trying to accomplish, but the board is also balanced by restaurateurs and small business owners, which is meant to show the tenants' voice as well, what their customers want on the street, and the feel that they want to maintain. The BID manages its budget on its own and with the approval of this board, and it has its regular meetings where it has to decide, how will we spend those funds? If we're going to draw people in for an event, what does that event consist of? What type of music and what --? We try to think of what's going to bring more people in to bring business to the restaurants and the retailers. I enjoy your store very much. I think it's amazing gem within the Grove, but you're right; maybe your store doesn't specifically benefit from a block party. It's not necessarily the demographic of your customer or the time of day that, you know, is beneficial to you, but we'd like to create programs that are beneficial to you and other small business owners. So I've asked the Executive Director of the BID to come. I don't know that today is the place to completely hash out whether or not the content of certain types of music or what types of block parties -- Today's Equalization Board is really about if someone's being assessed and they feel that that assessment is unjust, that we deal with that, that we look at that. But your question of how we spend our money is also very, very important. And so, I would welcome you to please come not only the office and meet with Nicole, but myself. I'm glad to come to your store and sit with you, and we can deal with this at a Coconut Grove BID meeting where we deal with the meat of what we do with that money. Ms. Wagner: Well, Thank you. And just in a parting, I thank you for fixing the boardwalk down at Peacock Party. Somebody, for God's sake, do something about the Playhouse. Let's try and do something that actually creates some vision for this community, because I don't see small businesses surviving here; nobody can pay the rent. I have underwritten the Yoga Studio next door to me. They pay one-third of what I've been offered for that space, and it's because it is a sanctuary for this community. And putting them on the third floor of some building where they're out as soon as somebody can find the rent for it or down some alley, that's a space where people walk by, maybe 10, 12 times before they decide, "Let me look at what's here." And when they do, it can be life -altering. Those are the special moments I don't want to see lost. Thank you. Chair Russell: Thank you, Sachi. Is there anyone else here who would like to approach the board with regard to the assessment? Thank you. Rose Fountain: My name is Rose Fountain. I'm from Coconut Grove Village West. I haven't had time to really go over the agenda, and most of us in Coconut Grove Village West are on our own, because of what is going on, what is transacting in our community; the NCDs (Neighborhood Conservation Districts), the affordable housing, the CRA (Community Redevelopment Agency). My concern right now is with the CRA, and what we have in the community, we want to sustain; the HOTA (Homeowners and Tenants Association) newspaper -- the newsletter. I would like to see an office for that, included in what the projections are when they do commercial and franchising. I'm here because I've only spoken about -- or have been acknowledged with the CRA with only a few people, a couple of people, and that's Mr. Snyderman, Rashid, Ms. Williams, and there is one other individual. I understand Mr. Martin is -- was given the leeway by Mr. Rashid, so I really don't know what is going on, but for the sake of affordable housing and what we 're going through, the commercialism -- I understand Ms. Williams knows more about the City of Miami Page 27 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 density and the square footage, and all of that. I don't know the amount of money that has been distributed or if it has been distributed. I have been told 20 million, conservatively. I have actually seen written 10 million, so I really don't know -- you know, I'm trying to find out -- Chair Russell: Thank vou. Ms. Fountain: -- what they're doing. Chair Russell: Rose, if I could help. So the CRA has not been approved yet. It's passed this body at the City; it has yet to pass at the County. So no funds have been expended or allocated. It's a little different from the Coconut Grove BID issue that we're dealing with, but Cynthia in my office can bring you up to speed and answer any questions you have, where we are in the process of the potential CRA. If you'd like to, she's there now, and she'd be glad to speak to you about it. Ms. Fountain: Why thank you. Chair Russell: Thank you very much. Is there anyone else here who'd like to speak with regard to the Equalization Board issue with the BID? Hearing none, I'll welcome a motion for PH.5. Vice Chair Gort: Move it. Chair Russell: It's been move by Commissioner Gort; seconded by Commissioner Reyes. Commissioner Carollo: Who recommended this, Chair? Chair Russell: This is a -- this actually isn't a recommendation. This is an item that we are required to do for those who are being assessed; that they have a hearing of this body if they would like to challenge that assessment. This gives them the moment to say, I don't believe that the number of units with the square footage that I'm being assessed for is correct or the amount I'm being assessed for is correct." And that's what this has been noticed for. Commissioner Carollo: Okay. By us voting this, we're going to approve it for another 10 years, correct? Chair Russell: Yes. This is the next step in that process. Commissioner Carollo: All right. Todd B. Hannon (City Clerk): And, Chair, just for the record, I have two notices to submit into the record, essentially, that comply with Florida Statute Section 170.07. Chair Russell: So noted. You don 't need an amendment, correct? Mr. Hannon: No, sir. Chair Russell: Thank you. It's been moved and second. Is there further discussion on the body --from the body? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Thank you very much, gentlemen. City of Miami Page 28 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 PH.6 RESOLUTION 5370 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS ATTACHMENT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY"), PURSUANT TO SECTION 18- 85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING CITY GRANT FUNDS ("GRANTS") (A) TO BE ALLOCATED AND APPROPRIATED IN THE AMOUNT OF FIFTEEN THOUSAND DOLLARS ($15,000.00) FROM THE REMAINING MIAMI SPORTS AND EXHIBITION AUTHORITY ("MSEA") FUNDS IN THE RELATED SPECIAL REVENUE ACCOUNT TO THE BIG ORANGE NEW YEAR'S EVE CELEBRATION AT THE BAYSIDE MARKETPLACE ("NEW YEAR'S EVE GRANT"), AND (B) REALLOCATING AND APPROPRIATING UP TO TWENTY THOUSAND DOLLARS ($20,000.00) FROM FUNDS IN THE NON -DEPARTMENTAL ACCOUNT NO. 00001.980000.882000.0000.00000 PREVIOUSLY ALLOCATED TO THE THREE KINGS PARADE, NOW TO BE GRANTED TO GIL PRODUCTIONS CORP., FOR FIESTAS DE LA CALLE, MIAMI 2019 (FIESTAS DE LA CALLE, MIAMI 2019 GRANT"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE GRANT AGREEMENTS AND ANY AND ALL OTHER NECESSARY DOCUMENTS, INCLUDING AMENDMENTS THERETO, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR PURPOSES OF THE RESPECTIVE NEW YEAR'S EVE GRANT AND THE FIESTAS DE LAS CALLE, MIAMI 2019 GRANT. ENACTMENT NUMBER: R-19-0023 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For additional minutes referencing Item PH.6, please see Item PH.1. Chair Russell: PH.6. Do you need more time, Madam City Attorney? Victoria Mendez (City Attorney): Hi. Thank you so much. So with regard to the amendment, it's -- basically, there was a minor change with regard to the account that it was coming from, so both of the items, for a total of $35, 000; both of the items will be coming from the remaining MSEA (Miami Sports and Exhibition Authority) funds that we have -- from MSEA funds that we have in our general fund, so we wanted to clam that for the record. Would you like me to read the new title? Chair Russell: Is there an amendment needed for the item? Ms. Mendez: There is an amendment to the title, yes. City of Miami Page 29 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Chair Russell: Please, yes. The Resolution was read by title into the public record by the City Attorney. Ms. Mendez: Thank you. Commissioner Carollo: Okay. I so move -- Commissioner Reyes: I second it. Chair Russell: There's a motion by Commissioner Carollo, seconded by Commissioner Reyes, on PH.6. Any further discussion? Commissioner Carollo: There is. Chair Russell: You're recognized. Commissioner Carollo: Thank you. Mr. Manager, could you tell us how much money is left in that MSEA account? Emilio T. Gonzalez (City Manager): Sir, the reserve account for MSEA has approximately $400, 000. Those funds are being audited right now so that moving forward, if we have an unexpected expenditure, we could account for it, but it's roughly in that ballpark. Commissioner Carollo: All right. When we approved this fiscal year's budget, did we have any discussions where that money was going to be allocated for, or was it just left there? Mr. Gonzalez: Sir, it was just left there, because, again, we wanted it audited, and I didn't want to -- Commissioner Carollo: Understood. Mr. Gonzalez: -- offer it to any particular project, and then find out we had outstanding bills or commitments. Chair Russell: All right. Commissioner Carollo: The request that I'd like to make of you, Mr. Manager, is that once that's done -- first of all, if we could freeze this account until you accomplish that. Mr. Gonzalez: Yes, sir. Commissioner Carollo: And then secondly, once that's done, that you have an audit, if you could bring it back to the Commission for the Commission to decide where it would like to allocate that money, if it would like to allocate it. Mr. Gonzalez: Yes, sir, absolutely. Commissioner Carollo: But these two projects are worthwhile. One happened, and while we had our own New Year's Eve bash at Bayfront Park, next door, the activities that happened were quite big, and for those that might be out there listening, this is not just Bayside that we're talking about, because Bayside is a private entity. This has to do with the Big Orange that was put up there; the organization that's been behind that, and they really haven't received much, if any help from us in the past. And while the biggest crowd, obviously, was at Bayfront City of Miami Page 30 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Park, you know, I was surprised they had a, you know, sizeable crowd there in what they were doing. So that -- all of that just helps the City, and it's a small amount for what they contributed there. The second one has to do with an event that I think this year might be the fourth year. I believe this is in Commissioner Hardemon's district; or is it yours, Commissioner? Is this one in your district, Commissioner Hardemon? Commissioner Hardemon: What's the event? Commissioner Carollo: The -- this is the Fiesta de la Calle. It's a Puerto Rican event. That's in your side, yeah, because I know Wynwood is kind of divided between you and Commissioner Russell. It's a worthwhile event. I don't believe we have helped them in the past. Last year, they brought it into Bayfront Park. We tried to help them the best we could, but it's more appropriate in the streets. We would, with your approval, offer them, if they want to come at any time in the future to Little Havana, they're certainly welcome. Unidentified Speaker: Okay, great. Commissioner Carollo: They got a great new Puerto Rican restaurant right there. But the only thing is, when you send Mr. Hill the resolution with the check, please politely ask him not to get his picture taken with the Salt guy anymore. Thank you. Chair Russell: Thank you, Commissioner. So that was direction to the Manager with regard to bringing back recommendations on the remaining MSEA funds? Commissioner Carollo: Well, just to bring it back once it's audited so that we can decide -- Commissioner Reyes: What to do with it. Commissioner Carollo: -- what to do with that money. Chair Russell: Yes. Commissioner Carollo: And in the meantime, we've asked the Manager politely if we could put a freeze on that until the audit is done. Mr. Gonzalez: Sir, and I'll get you an update on the status of the audit, as well. Chair Russell: Thank you. And there's many events that were funded by MSEA which we want to make sure don't -- we don't create a gap or a hole, but that'll be up to us as a body. Commissioner Carollo: Yeah, because that -- yeah. Chair Russell: Commissioner Gort, you had a comment, please. Vice Chair Gort: Commissioner Carollo, I'm glad you brought that up, because it's not only the funding that we have existing, but there's going to be additional funding coming every year, so it's going to be very important that is -- bring it to us and we make the decision how to utilize those funds, because there'll be a lot more coming. Commissioner Carollo: Sure. Vice Chair Gort: Okay, thank you. Commissioner Carollo: Thank you. City of Miami Page 31 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Chair Russell: Is there any further comment on PH.6? Hearing none, there's been a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes, as amended. END OF PUBLIC HEARINGS City of Miami Page 32 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 5092 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Office of the City CHAPTER 2/ARTICLE IV/DIVISION 7/SECTION 2-358 OF THE Attorney CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/DEPARTMENTS/CONFERENCES AND CONVENTIONS AND PUBLIC FACILITIES DEPARTMENT/ORGANIZATION OF DEPARTMENT," AND CHAPTER 53/ARTICLE I/SECTION 53-1 OF THE CITY CODE, TITLED "STADIUMS AND CONVENTIONS CENTERS/IN GENERAL/TICKET SURCHARGE ON PAID ADMISSIONS TO EVENTS," TO REMOVE REFERENCES TO THE COCONUT GROVE EXPO CENTER AND UPDATE THE NAME OF THE REAL ESTATE AND ASSET MANAGEMENT DEPARTMENT; FURTHER REPEALING IN ITS ENTIRETY CHAPTER 53/ARTICLE III OF THE CITY CODE, TITLED "STADIUMS AND CONVENTIONS CENTERS/COCONUT GROVE EXPO CENTER"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13818 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: And I'm going to move into the ordinances now, the SR (second reading) portion of the agenda, please; and then, we'll go to FR (first reading); and then, we'll come back to RE.8, and we will have concluded the business of the morning. SR.1, please, if someone could read the title into the -- The Ordinance was read by title into the public record by the City Attorney. Victoria Mendez (City Attorney): This has to do with removing references to the Coconut Grove Expo Center, which no longer exists. Vice Chair Gort: Move it. Chair Russell: Thank you. There is a motion on SR.1. Is there a second? Commissioner Reyes: Second. Chair Russell: Seconded by Commissioner Reyes. Any discussion? Hearing none, all in favor, say "aye." Commissioner Reyes: Aye. Chair Russell: All in favor, say "aye." City of Miami Page 33 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Thank you. Silence does confer consent, but I do prefer a clear "yes"; it really helps the Clerk, and if we can do anything, it's -- make the Clerk's life easier, we're going to do it. That's SR.1. SR.2 ORDINANCE Second Reading 5215 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "PARKS AND RECREATION/ IN GENERAL," BY ESTABLISHING A NEW SECTION 38-23, ENTITLED "NAMING OF SOUTH SHENANDOAH MINI PARK," THEREBY NAMING THE PARK LOCATED AT 1197 SOUTHWEST 19TH AVENUE, MIAMI, FLORIDA, THE "SOUTH SHENANDOAH MINI PARK"; DIRECTING THE CITY MANAGER TO TAKE ALL ADMINISTRATIVE ACTION NECESSARY TO EFFECTUATE THE NAMING OF THIS PARK; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13819 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For additional minutes referencing Item SR.2, please see "Public Comment Period for Regular Item(s)." Chair Russell: SR.2, please; Shenandoah mini park. Victoria Mendez (City Attorney): An ordinance -- Chair Russell: Please read the title into the record, please. The Ordinance was read by title into the public record by the City Attorney. Commissioner Reyes: Move it. Chair Russell: It's been moved by Commissioner Reyes. Vice Chair Gort: Second. Chair Russell: Seconded by Commissioner Gort. Did I hear? Vice Chair Gort: Yes. Chair Russell: Any further discussion on Shenandoah mini -park? All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 34 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Chair Russell: Any opposed? Motion passes. SR.3 ORDINANCE Second Reading 5216 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE 1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "PARKS AND RECREATION/IN GENERAL," BY ESTABLISHING A NEW SECTION 38-22, ENTITLED "NAMING OF SWANNANOA MINI PARK," THEREBY NAMING THE PARK LOCATED AT 1301 SOUTHWEST 21 ST AVENUE, MIAMI, FLORIDA, THE "SWANNANOA MINI PARK"; DIRECTING THE CITY MANAGER TO TAKE ALL ADMINISTRATIVE ACTION NECESSARY TO EFFECTUATE THE NAMING OF THIS PARK; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13820 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For additional minutes referencing Item SR.3, please see "Public Comment Period for Regular Item(s)." Chair Russell: SR.3. The Ordinance was read by title into the public record by the City Attorney. Commissioner Reyes: Move it. Chair Russell: There has been a motion by Commissioner Reyes. Vice Chair Gort: Second. Commissioner Carollo: Second. Chair Russell: Seconded by Commissioner Carollo. On SR.3, any further discussion? All in favor of the item, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Victoria Mendez (City Attorney): Chairman, on SR.4, can we table that momentarily? Because I need to make sure that there's language that Dr. Ihekwaba can approve before we pass it. Chair Russell: Of course. Ms. Mendez: Thank you. Chair Russell: We'll take up first reading ordinances, FR.1, please. City of Miami Page 35 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 SR.4 ORDINANCE Second Reading 5176 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "SUBDIVISION REGULATIONS", MORE PARTICULARLY BY AMENDING SECTION 55-14 OF THE CITY CODE, TITLED "ENCROACHMENTS ON OR IN RIGHTS -OF -WAY, PUBLIC EASEMENTS, PRIVATE EASEMENTS OR EMERGENCY ACCESS EASEMENTS; EXCEPTIONS," BY CREATING PROVISIONS FOR THE CITY COMMISSION, BY RESOLUTION, TO AUTHORIZE ENCROACHMENTS INTO PUBLIC EASEMENTS PENDING THE VACATION AND CLOSURE OF SAID EASEMENT BY PLAT OR ITS RELEASE, AS APPLICABLE, AND EXECUTION OF A HOLD HARMLESS AND INDEMNITY AGREEMENT IN FAVOR OF THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13821 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: I'd like to bring back SR.4, please. We 're ready to go on that one, Madam City Attorney? Victoria Mendez (City Attorney): Yes, Chairman. Thank you for your patience on this. I hadn't read it into the record, so I'm going to read it now. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: This is being sponsored by Commissioner Reyes, and it was in order to make a process in order to be able to -- when there is an encroachment into an easement, to continue the process and not cause unnecessary delays with regard to design and such, and then the developer could still replat, but in the meantime, he could encroach into an easement in order to continue the development, and then follow the processes, and then this is just being codified. Commissioner Reyes: I move it. Chair Russell: Commissioner Reyes would like to move the item. Vice Chair Gort: Second. Chair Russell: Seconded by Commissioner Gort. Ms. Mendez: And may I -- between first and second, the Administration had some concerns. We have addressed those concerns, but I just need to read a little paragraph into the record that has a -- the provision that the Administration has approved. And basically, in Section 55-14(h)(1): A recommendation of approval by the Plat and Street Committee upon a finding that the granting of the encroachment City of Miami Page 36 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 will not be detrimental to the public welfare or injurious to the other property in the vicinity in which the property is situated. A recommendation of denial by the Plat and Street may be appealed, upon written request, by the applicant within 30 days of the Plat and Street Committee's decision. Such request shall state, with specificity, the reasons the Plat and Street's recommendation should be overturned. The appeal of the recommendation of denial, the Plat and Street Committee shall be Review Committee, comprised of the Director in the Department of Resilience and Public Works or the Supervisor in Plats in lieu of the Directors of the Departments of Zoning, Planning, Building, and Assistant City Manager. The Review Committee, acting by majority vote, will either affirm the Plat and Street Committee's denial or reverse its denial and grant the requested encroachment. The decision of the review shall be rendered within 30 days of the conclusion of the hearing and shall be final, and furnishing of notice by property owners to the utility companies (UNINTELLIGIBLE) facilities in the easement. So this is just allowing for a little appellate process, if necessary, to allow for the encroachment, but it will definitely facilitate development with regard to having everything happen simultaneously. So thank you. Chair Russell: Thank you very much. There's been a motion and a second. Any further discussion on the dais? Todd B. Hannon (City Clerk): Chair, my apologies. Madam City Attorney, are we amending anything on the floor today, or is it being adopted as is? Ms. Mendez: I -- Vice Chair Gort: (UNINTELLIGIBLE) on second reading. Ms. Mendez: -- what I read into the record. What I read into the record is the amendment; so, yes, as amended. Mr. Hannon: Thank you. Ms. Mendez: Thank you. Chair Russell: It's been moved and seconded, as amended. Commissioner Reyes: That's right. Chair Russell: Thank you. Any further discussion from the dais? All in favor, say "aye." The Commission (Collectively): Aye Chair Russell: Any opposed? Motion passes. Gentlemen, we are going to break early for lunch, and we're going to come back at 2:30 to take up our time certain and the remaining two discussion items. Commissioner Reyes: Okay. Chair Russell: We are now in recess. Thank you very much. END OF SECOND READING ORDINANCES City ofMiami Page 37 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 5194 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE SPECIFICALLY BY ADDING ARTICLE XVII, ENTITLED "COVENANTS FOR AFFORDABLE OR WORKFORCE HOUSING," TO INCORPORATE SPECIFIC ENFORCEMENT PROVISIONS, PENALTIES, AND REQUIREMENTS FOR RESTRICTIVE COVENANTS ASSOCIATED WITH AFFORDABLE OR WORKFORCE HOUSING THAT MAY PROVIDE PROPERTY OWNERS OR DEVELOPERS WITH DEVELOPMENT INCENTIVES OR BENEFITS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For additional minutes referencing Item FR.1, please see "Public Comment Period for Regular Item(s)." Chair Russell: We are on SR (second reading) -- SR.4, you had a hold on. We're back to FR.1 now, please. Commissioner Reyes: FR.1. Chair Russell: FR.1, Affordable Housing covenants. There were a few public comments on this issue. Commissioner Reyes: Yep. Chair Russell: Can you please read FR.1 into the record? Victoria Mendez (City Attorney): Thank you. The Ordinance was read by title into the public record by the City Attorney. Chair Russell: Is there a motion on FR.1? Commissioner Reyes: Move it. Vice Chair Gort: Second. Chair Russell: It's been moved by Commissioner Reyes; seconded by Commissioner Gort. Vice Chair Gort: Second. City of Miami Page 38 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Chair Russell: Open for discussion. Commissioner Carollo: I'd like to ask the Administration to include me as a sponsor of this ordinance, also. Vice Chair Gort: All of us. Chair Russell: Commissioner Hardemon? He said, "All of us." Do you -- Vice Chair Gort: Yeah. Chair Russell: -- you good for that? Vice Chair Gort: Yeah. Chair Russell: All right. So then, there'll be a unanimous sponsorship of adopting Affordable Housing Covenant Policy. Taking into account what we've heard today from the building industry, I think it's very good for us to create a process that really puts teeth to our covenants, but keeps things flowing and moving. There was a recommendation, I believe, to create a template for covenants moving forward, and I'd like to ask the Administration if that's something that they can put together so that covenants aren't put together from scratch each time. I know we have -- Emilio T. Gonzalez (City Manager): Yes, sir. Chair Russell: -- various different kind of covenants, but maybe we can create a menu for whether it's affordable -- Mr. Gonzalez: Yes, sir. Chair Russell: -- and different ways. Thank you very much. Something else that was brought to my attention was expediting any verification request. There may at some point be someone who wants to know if they are complying with the covenant. Someone may be interested in purchasing a property or investing in a property, and they want to know if the current owner is doing what they're supposed to do. Is there a way we can create a process for verification requests to put something back out within a 30-day period so that they're not waiting, and we can do that? Mr. Gonzalez: Yes, sir; noted. Chair Russell: Thank you. And beyond that, if I'm not mistaken, I believe we're looking to review all of those covenants on an annual basis; on a regular basis, not just as needed, correct? Mr. Gonzalez: That's correct. Chair Russell: So we'll be checking to make sure anyone who promises they're providing affordability that they absolutely are. So, hopefully, if someone needs a verification, we can just go back to the most recent year's verification. All right. Are there any further comments on FR.1, Affordable Housing covenants? Let the record reflect, please, that all five Commissioners and that the City Mayor will be sponsoring this item. If there's no further discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Thank you very much. That's the end of our FR (first reading) agenda. Are we ready to take up SR.4? City of Miami Page 39 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Ms. Mendez: I'm sorry, Chairman, we are not. Chair Russell: That's okay. FR.2 ORDINANCE First Reading 5351 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 36 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "NOISE," MORE PARTICULARLY BY AMENDING SECTION 36-4, TITLED "OPERATION OF RADIOS, PHONOGRAPHS OR OTHER SOUND -MAKING DEVICES; BANDS, ORCHESTRAS AND MUSICIANS —GENERALLY; EXEMPTION," TO PROVIDE FOR THE PROHIBITION OF OUTDOOR MUSIC BETWEEN THE HOURS OF 11:00 P.M. AND 7:00 A.M. THE FOLLOWING DAY IN AREAS THAT ABUT T3 TRANSECT ZONES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes ABSENT: Carollo, Hardemon Notes for the Record: Item FR.2 was continued to the February 14, 2019, Regular Commission Meeting. For minutes referencing Item FR.2, please see "Order of the Day." END OF FIRST READING ORDINANCES City of Miami Page 40 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 RE.1 5120 Department of Fire - Rescue RE - RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "URBAN AREA SECURITY INITIATIVE ("UASI") GRANT PROGRAM FISCAL YEAR 2018" AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $5,700,000.00 CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY ("USDHS") TO THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT ("FDEM"); AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE FEDERALLY -FUNDED SUBGRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD; AUTHORIZING THE CITY MANAGER TO EXTEND SAID UASI GRANT PROGRAM (FISCAL YEAR 2018) AS NECESSARY AND TO EXECUTE ANY AND ALL OTHER RELATED MODIFICATIONS, AMENDMENTS, OR EXTENSIONS ON ALL MATTERS EXCEPT THOSE DEALING WITH FUNDING CHANGES, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; AUTHORIZING THE EXPENDITURE OF FUNDS TO VARIOUS GOVERNMENTAL AGENCIES DESIGNATED FOR HOMELAND SECURITY EXPENSE PURSUANT TO THE UASI GRANT GUIDELINES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDA OF AGREEMENT(S) ("MOA'S"), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH CONTIGUOUS PARTNERS SETTING FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY THE CITY OF MIAMI'S DEPARTMENT OF FIRE -RESCUE CONTINGENT UPON FUNDING OF SAID PROJECT BEING SECURED. ENACTMENT NUMBER: R-19-0025 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: I'm going to move now to the RE (resolution) agenda, please. We have RE.1 through 9. I'm just going to go through these. The only one that we need to wait on is RE.4, which will be at 11 a.m., in approximately 45 minutes, so well take them up in order, please. The -- I would like to pull -- let's see. Well, why don't we just go right through them? RE.1, please. Vice Chair Gort: Move it. Chair Russell: There's a motion from Commissioner Gort. Is there a second on RE.1, Urban Area Security Initiative? City of Miami Page 41 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 RE.2 5152 Department of Procurement Commissioner Carollo: Second, second. Chair Russell: There's a second by Commissioner Carollo. Any discussion on the dais? Commissioner Reyes: No. Chair Russell: All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN THE CONTRACT CAPACITY FROM AN AMOUNT NOT TO EXCEED OF $1,730,000.00, TO AN AMOUNT NOT TO EXCEED OF $1,760,268.48, REPRESENTING AN INCREASE OF $30,268.28, FOR REQUEST FOR PROPOSALS ("RFP") NO. 295279, SECURITY GUARD SERVICES CITYWIDE, WITH KENT SECURITY GUARD, AUTHORIZED VIA RESOLUTION NO. 18-0147, ADOPTED APRIL 19, 2018; ALLOCATING FUNDS FROM CITY OF MIAMI GENERAL ADMINISTRATION SERVICES ("GSA") GENERAL FUNDS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS INCLUDING ANY AMENDMENTS, RENEWALS AND EXTENSIONS SUBJECT TO ALLOCATIONS, APPROPRIATIONS AND BUDGETARY APPROVALS HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0026 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: RE.2, Security guard services. Commissioner Reyes: Move it. Commissioner Carollo: Second. Chair Russell: There's been a motion by Commissioner Reyes; second by Commissioner Carollo. City of Miami Page 42 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Vice Chair Gort: I have a question. Chair Russell: Discussion. Please, Commissioner Gort -- Vice Chairman. Vice Chair Gort: My understanding -- when was the last RFP (Request for Proposals)? Because I remember we were going to try to go out with an RFP for these contracts. Annie Perez: Good morning, Commissioners. Annie Perez, Director of Procurement. Yes, this current contract expires now April 21 of this year. Vice Chair Gort: Right. Ms. Perez: So we're already working on the new RFP, which will also include the living wage, which was not included in this previous. Vice Chair Gort: Right. Thank you, because I know we requested that. Okay, thank you. Chair Russell: Any further comments or questions on RE.2, security guard services? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. City of Miami Page 43 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 RE.3 5204 City Manager's Office RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO APPROPRIATE AND TO PAY FROM NON -DEPARTMENTAL ACCOUNT NO. 00001.980000.882000.0000.00000 THE CITY OF MIAMI'S ("CITY") CONTRIBUTION FOR FISCAL YEAR 2018-2019 TO THE MIAMI SUPERBOWL HOST COMMITTEE ("HOST COMMITTEE") IN THE AMOUNT OF FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) ("CITY CONTRIBUTION"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND RETURN TO CITY COMMISSION FOR REVIEW AND APPROVAL AN AGREEMENT WITH THE HOST COMMITTEE TO REFLECT THE CITY CONTRIBUTION THERETO AND THE USES OF SAID CITY CONTRIBUTION AND THE CITY'S HOSTING AND PARTICIPATING IN RELATED EVENTS AND TO ACCEPT, IF APPLICABLE, DONATIONS TO THE CITY INCLUDING, BUT NOT LIMITED TO, PERMITTED IMPROVEMENTS AT CITY -OWNED VENUES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE ANY AND ALL NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND RETURN TO CITY COMMISSION FOR REVIEW AND APPROVAL, TO IMPLEMENT AND COMPLY WITH THE FOREGOING CONTRIBUTION, USES THEREOF, HOSTING AND PARTICIPATING IN EVENTS, RELATED SERVICES AND FEES, DONATIONS, AND PERMITTED IMPROVEMENTS. ENACTMENT NUMBER: R-19-0027 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo, Hardemon ABSENT: Reyes Chair Russell: RE.3, Super Bowl Committee. Commissioner Carollo: I'll make the motion for the purpose of discussion. Chair Russell: There's been a motion by Commissioner Carollo. Is there a second? Vice Chair Gort: Second. Chair Russell: Second by Commissioner Gort. Open the floor for discussion. Commissioner Carollo. Commissioner Carollo: What I want my colleagues to understand is that while it looks like this is a one-time amount that we're giving, this is for the Super Bowl for 2020. This is the teaser, the appetizer. They will be coming back in our next fiscal year for more money. They're negotiating with Bayfront Park to see how we could help for additional dollars, so I think it would behoove the Administration to sit with each one of us and figure out, really, what's the final amount that they really want from us, one; and two, what is the final amount that they really need from us? City of Miami Page 44 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 "Wanting" and "needing" are two different words. And we need to do it combined, City and Bayfront Park, because while I know that traditionally, people have looked at it as different monies, it's really the same thing, because the City owns Bayfront Park. And if we give them money from there, that means that at the end of the year, we will have less that we could bring into the general fund into the City, like I stated that it's my policy of doing. So having said that, I just want you all to know what the realities are as we vote for this. Chair Russell: Thank you very much, Commissioner. Other comments on this item? Commissioner Gort. Vice Chair Gort: Commissioner, I think that you're right on it. We got to make sure we know what the expenditure is going to be. But at the same time, I'm going to request of the different agencies, what is the economic impact that it's caused; not only monetary immediately, but in advertising they're receiving for the Super Bowl. Commissioner Carollo: It's huge, it's huge. This is the, you know, main sport in America. What we will get out of that is huge. My concern was that I wanted to make sure that others that were going to benefit greatly, like Miami Beach, were going to be putting a fair amount. And from what I've been told, that is so; the County certainly is, above and beyond whatever their deal was with the stadium, if they brought Super Bowls or different games. But nevertheless, as we're going into the future, we're going to be hurting. I mean, we all know that we -- we're going to - - it's anticipated that we're going to have a budget shortfall for next fiscal year. And it's not just the Super Bowl that is going to be asking for more money, but we also have potentially Formula 1 if this Commission wants to approve it, which is another huge event. So who knows what else is there that I'm missing right now? So we have to figure out how much do we really have to give, not what we'd like to give, because this event is going to bring us a lot more than whatever we'll put into it. Emilio T. Gonzalez (City Manager): Sir, 2020 will be a very busy year for Miami, yes, I think. Commissioner Carollo: Yeah. And that's one of the things, Mr. Manager, that I would suggest politely; if you could start coming back to this Commission sooner rather than later with ideas of how much can we really afford to give for these events, and how many. Chair Russell: Thank you, Commissioner. Are there further comments on this item? Commissioner Carollo, what you say makes perfect sense. For my part, a big concern about many of the events that will be happening in downtown in 2020 is the impact on local residents. We have been in talks with Super Bowl; the Downtown Development Authority, as well. They seem to be willing to step up to the table to do some help with the City and the initiatives within the park, and otherwise. To accomplish what you're looking to do, I would recommend if you -- at your discretion as the mover -- an amendment to remove the words, "and execute." It says, "Authorizing the City Manager to negotiate and execute." So it's just to negotiate. And then add a phrase, "To bring back to Commission for final approval." Commissioner Carollo: I think it's very appropriate. I'm glad that you brought that out, and I agree to that amendment. Chair Russell: That's -- that'll be your amendment. Commissioner Carollo: It is. Chair Russell: As I'm not passing the gavel, who is the second on this item? City of Miami Page 45 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 RE.4 5350 City Manager's Office Vice Chair Gort: 171 second it. Chair Russell: Thank you, Commissioner Gort. Any further discussion on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes, as amended. Commissioner Carollo: Commissioner, any big events like this, I want you to feel welcome to come before the Bayfront Park Board and express your opinion and concerns on behalf of the residents, also. Chair Russell: Thank you very much, Commissioner. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT BETWEEN THE CITY OF MIAMI, THE DNC SERVICES CORP., A DISTRICT OF COLUMBIA NOT FOR PROFIT CORPORATION, MIAMI-DADE COUNTY, THE CITY OF MIAMI BEACH, AND A TO BE FORMED HOST COMMITTEE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PROVISION OF CERTAIN VENUES IN AND AROUND MIAMI- DADE COUNTY AS WELL AS OTHER 2020 DEMOCRATIC CONVENTION OBLIGATIONS ("CONVENTION") SHOULD GREATER MIAMI AND THE BEACHES BE SELECTED TO HOST THE CONVENTION; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL SUCH OTHER AGREEMENTS OR DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN FURTHERANCE OF THE PROPOSAL AND THE CONVENTION, SUBJECT TO ALL BUDGETARY APPROVALS AT THE TIME OF NEED. ENACTMENT NUMBER: R-19-0028 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: For additional minutes referencing Item RE.4, please see "Public Comment Period for Regular Item(s)." Chair Russell: RE.4, regarding the DNC (Democratic National Convention). Who is here to present on this item? And first, I'd like to recognize our distinguished guest from the east, Mayor Dan Gelber. Thank you for joining us in our City Hall. Mayor Francis Suarez: Mr. Chair, if I may? Chair Russell: Mr. Mayor. City of Miami Page 46 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Mayor Suarez: Thank you. I just would like to welcome my good friend, Mayor Dan Gelber, in the City of Miami He is almost as good a basketball player as I am. And obviously, we 've been -- Vice Chair Gort: I was told he was better. Mayor Suarez: -- collaborating on this project in a either nonpartisan, bipartisan, how -- whatever you want to call it -- basis with the County Mayor, Mayor Carlos Gimenez, who has also provided a letter of support for this item, and I'd like to have our staff please pass Mayor Gimenez's letter to all the Commissioners and make it part of the record. Thank you, Mr. Gelber. You're always welcomed here, Mayor. Mayor Daniel Gelber: Thank you. Should I --? Chair Russell: Mayor Gelber, as you -- if you've watched our Commission before, you can see we actually encourage trash talking, so please feel free to (UNINTELLIGIBLE). Mayor Gelber: No. I -- you all called me "distinguished" twice. Nobody's called me "distinguished" on Miami Beach, so I'm going to spend a lot of time over here. Bill, why don't you come up? Bill -- You all obviously know Bill Talbert. William Talbert: That 's my Commissioner. Congratulations on -- Chair Russell: Thank you, sir. Mayor Gelber: So I wanted to talk to you a bit about this item and give you some sense of the process of where we are right now, because I think you -- And by the way, although I'm happy to talk here for as long as you'll have me, I think both Bill and I, or anyone else who's working on this, would be very happy to come to your offices and talk to you a little bit more about it. Our community, obviously, is accustomed to hosting big events. A DNC, or any political convention, is almost as big an event as exists. The -- other than the Olympics, there's no event that attracts more media; 25,000 media come to town for it; another 20 or 30,000 people come to town for it. They fill over a hundred hotels. They estimate that they'll bring about a quarter of a billion dollars of economic activity, not including the advantages that the focus of the world will have in our community. So we're not unaccustomed to sort of looking for these kinds of events, but this event does have a lot of other features to it that is worthy of -- And what I wanted to do is give you a sense of where we are in the process and what's on the agenda today. So -- basically happened is, last year, I was interested in trying to get this convention in our community. First thing I did was to contact my friend and inadequate basketball player, but my friend, Mayor Suarez, and Mayor Gimenez, and I went to both of them and said, "Look, we all get big events, but frankly, this is one of those events where we're all going to have to do it together. And so, we talked about it for a while and decided that not only would it be good for our community, but we'd go all in in trying to attract it here. So the first thing we did is Mayor Suarez, Mayor Gimenez, and I traveled up to Washington to pitch to the DNC our interests. They had, I think, about 20 cities that were interested in it at that point. From there, they whittled it down to three cities: Houston, Milwaukee, and Miami. And our submission is really a joint submission, like a lot of our big events that traverse our boundaries. This is going to require the County and the Cities of Miami and Miami Beach to sort of organize what's going to be happening here, because, frankly, it doesn't just -- it's not just one area that could do it; it's that big an event. So we -- since then, we 've had two site visits from the DNC Selection Committee. They came, and the three of us and others from your government, including your -- especially your Police and your Chief and the Chief from the -- Miami and the Chief from Miami Beach, met City of Miami Page 47 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 with all the members of the Site Selection Committee, which is a pretty technical committee. They went through a pretty exacting process. And then the head of the DNC came down with his own group to look at us again. Since then, we have now begun to have discussions -- all three cities are having discussions with the DNC -- to sort of figure out what the final template would look like, and there are -- basically, there are -- the following organizations are involved: You've got the three municipalities, the City of Miami and the City of Miami Beach and Miami -Dade County; you 've got the venues, which are really American Airlines Arena mostly, the Convention Center during the day, and perhaps, Marlins Stadium on the last night; and then you have what will be the Host Committee, which is a committee of citizens whose job will be to raise the funds to sort of put on this convention. Now, the Federal Government provides a $50 million reimbursement for security costs that municipalities have to -- Chair Russell: Can you say that one again, please, and a little bit louder? Mayor Gelber: $50 million reimbursement. Chair Russell: Reimbursement costs for our security fund. Mayor Gelber: Yes, for security. Now, by the way, the Host Committee will have to raise more than that. They'll have to raise a good amount of the money. And the Host Committee is -- we've already got lots of folks who are interested; Ambassador Cejas; Emilio Estefan's been very involved with this, actually; hosted, in fact, the Site Committee himself and has gone to talk about the production; Chris Korge and Kirk -- Ambassador Kirk Wager; others have really wanted to be very involved, so -- the Host Committee is sort of an easier thing to do, because so many members of our community believe it's important for the community, but the process we're in right now is we are -- what you're going to be voting on is to allow your folks to sort of go forward with the negotiation. We will be coming back to you if we get this thing, for you to look at the terms and to discuss it. Obviously, I am willing to come any time you want to talk about some interest you may have or some concern or some idea you may have, but at the end of the day, this is really going to be a collaborative process, like any of our big events; like the Super Bowl, which we host, which we have had the same discussions that you had today at my side of the bay with our City, because we are hosting parts of it there as well; Art Basel, the same kind of stuff happens. So it's not unlike those events. The only difference is the volume of media that come here is so enormous, and I think Mayor Gimenez said something in my very first meeting with him about this, which I thought was pretty important, when I -- because I said, "Look, if you guys aren't in, I'm not going to be in. This isn't my city or your city or the County's issue. We're all going to have to do this together if we're going to do it." And I think his view of it was pretty instructive to me. He said, "Look, it's going to bring a lot of money to the community." He said, "But what 1 like most about it is that a lot of people don 't know what's" -- "what our community looks like these days. They don't know the mosaic of our community. They don't know the art and culture of our community. They don't know what we've evolved into." And the idea that we're going to be the center of the world for this week, with 25,000 media looking at the hundred venues that they've already inspected, looking at sort of how we do things here, who we are, is something that he was very excited about, because he felt like it would really be almost like -- I don 't want to call it like a "coming out party," but it is -- does feel like an opportunity to establish ourselves in a way that 1 think we'd like to be. So, I'd ask Bill, who's, by the way, been incredibly instrumental. He has -- I mean, his job is to convince folks that we 're a great place, which isn't -- Chair Russell: That's easy. Mayor Gelber: It's easy. City of Miami Page 48 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Chair Russell: It's easy. Mr. Gelber: But the professionals -- and they've shown -- in letting the Site Selection Committee and the DNC know why this would be the best place has been really remarkable, and 1 know we 're all very grateful. So, Bill, why don't you -- Chair Russell: Thank you. Mr. Talbert, welcome. Mr. Talbert: Congratulations again, Mr. Chair, my Commissioner. I think there's a significant thing here to -- you know, the Mayor's talked about we're a big -event community; we all know that. You know, a year from now, you 're going to host your record 11 th Super Bowl. That's January/February. The important thing about the DNC -- and I actually worked that convention when it was here in 1972 -- it's in the summer. It's in the summer, and that's when we all need the business more. There are opportunities. So that's why we're so bullish on that. I think the big thing that's different in the past -- you know, the Mayor -- Mayor Gelber talked about the media. You know what? Social media today -- I know all of you are into that -- that 's -- that will be continuous social media about Miami and what's happening here, so it's -- the word is "priceless" media coverage; not only the 15,000 hotel rooms on both sides of the bay; in the summer, it's all good. Mayor Gelber: So, anyway, that's where we are. Again, we'll come back to you once the negotiation goes through, and they negotiate with all three cities simultaneously, so it's really a sort of interesting process, but your staff had been working with the County staff and our staff, as well as some private attorneys who had been working from Holland & Knight, to sort of help us navigate this process, but right now, that's where we are. And really, the purpose today was not just your vote, but I wanted to take the opportunity to answer your questions, but to brief you, and this briefing should go on -- ongoing, because at the end of the day, if we get this convention, it'll be -- you know, the eyes of the world will be on our community for a week. It's July, by the way, 13th through 16th. That's when the actual convention would occur, in 2020, which is a wonderful time to bring people here. So it'll be good for the community, but more importantly, I think, as Mayor Gimenez pointed out, it really will give us a chance to show who we are to the entire world in a way that we -- that no other city gets to do, by the way, other than maybe an Olympic city or a convention city. Chair Russell: Thank you very much. I'm certainly in favor of this item. I do have one amendment I would recommend, if anyone brings a motion on this, and it's similar to the Super Bowl item, where we remove the word "execute" under, "The City Manager will negotiate and execute," and ask that he bring back to Commission -- Commissioner Reyes: Absolutely. Chair Russell: -- a final agreement. I think some of the concerns that folks brought up during public comment had to do with not really knowing what -- where the public dollar's going or even how much, and this item actually doesn't state any even in -kind contribution or financial commitment. So I think it'd be good to give the Manager leeway to begin negotiations, but to bring something back to us so that we can make a final decision. Commissioner Gort. Vice Chair Gort: Also, I'd like to get a report -- which I'm sure you have -- the economic impact in the cities where these things are held. Mayor Gelber: Thank you. And by the way, it makes total sense. We're coming back anyway, and we would expect that. City of Miami Page 49 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Chair Russell: Commissioner Reyes. Commissioner Reyes: How you doing? Also, I do agree with Chairman suggestion that we make -- the final decision 's going to be made by this board, but I also want to know what are the expenses that are going to be -- I mean, the City will be responsible, and what are the expenses that we are going to recoup from the DNC, because they -- I mean, we cannot afford to be using our funds like that, and from what I read, everything, it will be recouped, most of the expenses. Mayor Gelber: Yeah. What -- I think the way -- think of it this way: The Host Committee, which will be a group of citizens, many of whom you'll know, I imagine, will be responsible for raising money for the convention, and they'll be putting on a lot of the events, and they'll be covering the cost. Federal Government puts in 50 million for -- because the biggest cost for the municipalities is the security. Commissioner Reyes: Yes. Mayor Gelber: So 50 million is recouped, and the process for that, your staff will have to figure out and understand to their -- to your satisfaction, but what will actually happen is the Host Committee will be making the commitments of what they're raising. And so, my expectation is you'll have that in front of you in an agreement, where they'll say -- I mean, maybe they'll want you to make waivers of permitting. I don't know. I mean, but there are things, I could imagine, because my city does that all the time -- Commissioner Reyes: Yes, sir. Mayor Gelber: -- with events where we make accommodations, but those accommodations you'll know on the front end and you'll know before you vote on the next time we come here. Commissioner Reyes: What we are trying to -- I mean, I'm trying to vote is any cash outlay, you see; that any money coming from the City will go to that -- these events. Unidentified Speaker: You'll know that. Mayor Gelber: You'll know that. And not only will you know it, but the Host Committee will be here next time. Commissioner Reyes: Sure. Mayor Gelber: And somebody from the Host Committee is going to say, "This is what we 're doing," and it's going to be somebody you know, because it' going to be a local person who represents a couple dozen other prominent local individuals who have agreed to step up and say, "We want this for the community. We're going to raise the money for it and" -- So they'll have a commitment as well. Commissioner Reyes: Okay. Chair Russell: Thank you very much. Commissioner Reyes: Thank you very much, sir. Chair Russell: I'd like to see if there is a motion on RE.4. Vice Chair Gort: Move it with the amendments he had made. City of Miami Page 50 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Commissioner Carollo: The -- Commissioner Reyes: Amendments. Chair Russell: There 's a motion from Commissioner Gort, including amendments to remove the word "execute," and add language, "To bring back to the Commission a final agreement." Is there a second? Second by the Chair. Discussion? This is a time certain item, so I will open for public comment; anyone who would like to speak on this item who has not already spoken at this morning's 9 a.m. portion. Seth Sklarey: Hi. My name is Seth Sklarey. I represent the International Union of Painters and Allied Traders who provide the setup for the conventions that come to the Miami Beach Convention Center; provide about 300 employees for that purpose. And I'm also here representing the AFL-CIO (American Federation of Labor and Congress of Industrial Organizations) of South Florida, and I am speaking in favor of this resolution. And I offer you our services as volunteers to do anything to make this happen and to make it happen in a safe and productive manner, and to the benefit of the 23,000 employees, which I represent. I was intricately involved in the 1972 conventions and did a lot to make it safe. We coordinated between the demonstrators, between the police, between the Mayor. I had the Mayor even show around the yippies [sic] in his Rolls Royce convertible to make it calm and to calm down any possible disturbances that could arise (UNINTELLIGIBLE), and that's a - Commissioner Carollo: Seth, you lost me. I heard, `Rolls Royce, convertible, Mayor." Which Mayor's got the Rolls Royce convertible? Mr. Sklarey: That was Chuck Hall. Commissioner Carollo: Oh, okay. Mr. Sklarey: Chuck Hall. Commissioner Carollo: I'm glad you clarified that. Vice Chair Gort: He 's going back about 30, 40 years. Commissioner Reyes: It wasn 't you, Joe Mayor Suarez: I can assure you -- Commissioner Reyes: It wasn 't you. Mayor Suarez: -- it is not I. I don't even have a car, so. Mr. Sklarey: Yeah, and I'm also in support of the Super Bowl resolution, too. So thank you. Chair Russell: Thank you, Seth. Is anyone else here for public comment on this particular item? Seeing none, I'll close public comment. Any further discussion on the dais? Commissioner Carollo: I do have one more question. Mr. Mayor, Dan, the 50 million you mentioned from the Federal Gover -- the 50 million -- Mayor Gelber: Yeah. City of Miami Page 51 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Commissioner Carollo: -- that you mentioned that the Federal Government provides for security, is that per convention or split between both conventions? Mayor Gelber: Per convention. Commissioner Carollo: Okay. Mayor Gelber: So it's 50 million for just -- it's a hundred million total, obviously. Commissioner Carollo: Okay. Mayor Gelber: So -- and I don't know the details of how that's floated and reimbursed and -- but I imagine your folks are going to want to know that. Commissioner Carollo: That was one of my concerns, the -- Mayor Gelber: Yes. Commissioner Carollo: -- security aspects of it. Chair Russell: And if I'm not mistaken, our Police Chief will be the lead in security, working together with your Police Chief. Mayor Gelber: I mean, you know, it's sort of amazing about it, frankly, is that they need 12,000 volunteers, an enormous amount. You got -- we 're doing 13, 000 for the Super Bowl earlier in the year, so we actually are a city that can absorb this. Our Police Departments work incredibly well together, and I think that was a very impressive thing to them. Your Police Chief is -- was terrific. He took the security part of the Selection Committee around, and they were -- you know, whatever console it is for you. They were incredibly impressed with your Police Department. Commissioner Reyes: Mr. Mayor, to make this clear -- because there are some people that were concerned about expenses -- any expenses that is due to -- I mean, see, like security, that we incur with our Police Department, it will be recouped by that fund, right? Mayor Gelber: By that fund or the -- Commissioner Reyes: Or -- Mayor Gelber: -- depending upon the amount -- or the Host Committee. Commissioner Reyes: -- the Host Committee. Mayor Gelber: And by the way -- Commissioner Reyes: The City will not be charged. Okay. Mayor Gelber: -- all of this will be -- in other words, the document that everybody's going to have at the end of the day, it's going to lay this out with enough detail and precision so you'll know -- Chair Russell: Going to be brought back to us. Mayor Gelber: -- you '11 know -- Commissioner Reyes: That's right; coming back to us. City of Miami Page 52 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Mayor Gelber: -- you know, you'll know what you're not on the hook for and what you are on the hook for; if it's waivers, if it's this, you know; and permitting, whatever it is, you'll know, and that's why we came to you now, and I wanted to give you more than just a "Please, let us go negotiate." I wanted you to start thinking about the concerns you may have so that the contract, at the end of the day, is in informed with your concerns. Okay? Commissioner Reyes: Okay. Chair Russell: Thank you very much. Commissioner Reyes: Thank you. Chair Russell: There 's been a motion and second. Is there any further discussion or questions? Hearing none, I'll close comment on the dais. All in favor of the item, as amended, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Thank you very much, Mr. Mayor, Mr. Talbert. RE.5 RESOLUTION 5321 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO SECTION 18-72 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE MAYOR'S SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE ("API") IN A TOTAL AMOUNT NOT TO EXCEED TEN THOUSAND, NINE HUNDRED FORTY DOLLARS AND SEVEN CENTS ($10,940.07) TO UNITED WAY OF MIAMI-DADE, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("UNITED WAY"), IN SUPPORT OF UNITED WAYS THANKSGIVING DRIVE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0029 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Hardemon ABSENT: Reyes Chair Russell: We're going to skip RE.4, which is at 11 a.m. We're going to take up RE.5, United Way Anti -Poverty Initiative. Is there a motion on the item? Vice Chair Gort: Move it. Chair Russell: Moved by Commissioner Gort. City of Miami Page 53 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Commissioner Carollo: Second. Chair Russell: Seconded by Commissioner Carollo. Any discussion on the item? All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. RE.6 RESOLUTION 5205 Off -Street Parking Board/Miami Parking Authority A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING THE OFFICIAL INTENT OF THE CITY OF MIAMI ("CITY") TO ISSUE TAX-EXEMPT AND/OR TAXABLE PARKING SYSTEM REVENUE BONDS IN ONE OR MORE SERIES PAYABLE FROM PARKING SYSTEM REVENUES OF THE CITY'S DEPARTMENT OF OFF-STREET PARKING A/K/A MIAMI PARKING AUTHORITY ("DEPARTMENT") INITIALLY IN AN EXPECTED NOT TO EXCEED TOTAL MAXIMUM PRINCIPAL AMOUNT OF TWENTY MILLION DOLLARS ($20,000,000.00) (COLLECTIVELY, "PARKING SYSTEM REVENUE BONDS") IN ORDER TO, AMONG OTHER THINGS, REIMBURSE THE DEPARTMENT FOR FUNDS ADVANCED BY THE DEPARTMENT FOR CERTAIN EXPENSES INCURRED WITH RESPECT TO CAPITAL PROJECTS BEING UNDERTAKEN AND TO BE UNDERTAKEN BY THE DEPARTMENT, ALL AS INDICATED IN EXHIBIT "A," ATTACHED AND INCORPORATED (COLLECTIVELY, "PROJECTS"); ESTABLISHING CERTAIN RELATED DEFINITIONS OF TERMS; AUTHORIZING CERTAIN FURTHER AND INCIDENTAL ACTIONS BY THE CITY MANAGER AND THE DEPARTMENT'S CHAIRMAN OF THE BOARD AND CHIEF EXECUTIVE OFFICER, IN CONSULTATION WITH THE CITY ATTORNEY, BOND COUNSEL, DISCLOSURE COUNSEL, THE DEPARTMENT'S FINANCIAL ADVISOR, THE DEPARTMENT'S CHIEF FINANCIAL OFFICER, AND SUCH OTHER APPROPRIATE OFFICERS, EMPLOYEES, AND AGENTS OF THE DEPARTMENT AND CITY AS THE CITY MANAGER AND THE DEPARTMENT'S CHIEF EXECUTIVE OFFICER DEEM NECESSARY, ALL AS REQUIRED FOR PURPOSES OF SECTIONS 103 AND 141-150 OF THE U. S. INTERNAL REVENUE CODE OF 1986, AS AMENDED, AND FOR COMPLIANCE THEREWITH; FURTHER AUTHORIZING RELATED AMENDMENTS TO THE DEPARTMENT'S MULTI -YEAR CAPITAL PLAN, AS NECESSARY. ENACTMENT NUMBER: R-19-0030 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo, Hardemon ABSENT: Reyes Chair Russell: RE. 6, bond reimbursement. City of Miami Page 54 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Commissioner Carollo: Move. Chair Russell: It's been moved by Commissioner Carollo. Vice Chair Gort: Second. Chair Russell: Second by Commissioner Gort. Any discussion on the item? All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Vice Chair Gort: Great presentation, Art. Chair Russell: That's RE.6. City of Miami Page 55 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 RE.7 RESOLUTION 5209 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PUBLIC TRANSPORTATION GRANT AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") ACCEPTING THE STATE OF FLORIDA'S CONTRIBUTION IN THE AMOUNT OF $600,000.00 FOR OPERATING COSTS ASSOCIATED WITH THE FLAGAMI TROLLEY SERVICE FOR FISCAL YEAR 2018 - 2019; AUTHORIZING THE ALLOCATION OF THE CITY'S REQUIRED MATCHING FUNDS IN THE AMOUNT OF $600,000.00 FOR FISCAL YEAR 2018 - 2019 FROM THE CITY'S SHARE OF THE TRANSIT SURTAX; AUTHORIZING THE ALLOCATION OF THE CITY'S REQUIRED MATCHING FUNDS IN THE AMOUNT OF $600,000.00 FOR EACH SUCCESSIVE FISCAL YEAR THROUGH FISCAL YEAR 2020 - 2021 FROM THE CITY'S SHARE OF THE TRANSIT SURTAX SUBJECT TO THE EXECUTION OF SUBSEQUENT PUBLIC TRANSPORTATION GRANT AGREEMENTS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVALS HAVING BEEN PREVIOUSLY MADE AND IN COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI , FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0031 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Hardemon, Reyes ABSENT: Carollo Chair Russell: RE.7, Flagami trolley service. Commissioner Carollo: Move. Commissioner Reyes: Second. Chair Russell: It's been moved by Commissioner Carollo. Commissioner Carollo: No. It's moved by Commissioner Reyes; second by me. Chair Russell: Moved by Commissioner Reyes; seconded by Commissioner Carollo. Vice Chair Gort: Discussion. City of Miami Page 56 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Chair Russell: Discussion. Commissioner Gort. Vice Chair Gort: First of all, I'm all in favor of it. I think it's a great thing. But my understanding is we're going to do an analysis and a study to see how we can best use for the benefit of all the residents. Now, I met with the Transportation Department about a month or two ago. My understanding is the Health District trolley is not really working that much, and we suggested to bring it up to 17th Avenue, and we haven't received a response yet, so we're spending -- my understanding, we're putting $600,000 and the State's putting $600,000. I'd really like to see that expansion on 17th Avenue, Northwest 17th Avenue, utilizing what existing today in the Health District. My understanding, it's not being used as much as it should be. Juvenal Santana: Good morning, Commissioners. Juvenal Santana, Deputy Director, Resilience and Public Works. Our Transportation Section in our department is currently analyzing all the routes citywide to do exactly that; to prioritize and get the efficiencies in. Vice Chair Gort: I understand, but I appreciate if you -- we can implement that as soon as possible. Mr. Santana: Abso -- Vice Chair Gort: I never requested for anything before. Thank you. Mr. Santana: You got it. Chair Russell: Thank you, sir. Any further comments on RE. 7? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. RE.8 RESOLUTION 5268 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION ALLOCATING FUNDS FROM THE DISTRICT 3 SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE ("API") PROGRAM IN A TOTAL AMOUNT NOT TO EXCEED SIXTY-FIVE THOUSAND DOLLARS ($65,000.00) FOR THE DISTRICT 3 FISCAL YEAR 2018-2019 MEALS PROGRAM AND AUTHORIZING THE TRANSFER OF FUNDS TO THE DISTRICT 3 DISCRETIONARY ACCOUNT FOR EXPENDITURES CONSISTENT WITH THE API PROGRAM. ENACTMENT NUMBER: R-19-0032 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: RE.8, reimburse API (Anti -Poverty Initiative) funds, District 3. City of Miami Page 57 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Victoria Mendez (City Attorney): Chairman, if we can pass that until Commissioner Carollo comes back, because there's -- oh, there he is. I just need to make an amendment on the floor with regard to this item. The resolution shall read: The Resolution was read by title into the public record by the City Attorney. Ms. Mendez: So this is being modified to clearly state that it's a reimbursement of that amount. Thank you. Commissioner Reyes: I was a little concerned about setting a precedent in here, and I'm glad that it is clarified, because we don't want -- although I know that the funds - - Commissioner Carollo, you used those funds to buy and -- Vice Chair Gort: Turkeys. Commissioner Reyes: -- turkeys and all that, and feed people that were in need. That's what API is for. But, you know, perception is everything. And I'm very glad that it's clarified that those funds can be transferable, you see. They can be transferable. And I asked the Budget Director that those funds come from general fund, and general funds, they can be transferred from one account to the other. But nevertheless, I don't want anybody to have the perception that those funds are being used for anything other than helping those people that are in need. That is why API is for. That is not a change of usage from those funds. Those funds are going to be used specifically for that -- or that is an imbursement for funds that were used before. Chair Russell: Thank you, Commissioner Reyes. Vice Chair Gort: Let me tell -- Chair Russell: Commissioner Gort. Vice Chair Gort: -- one of the problem is -- and I understand, and I'm for it, I agree with it, but the problem that we have, every -- any time we request funds to give out to -- for impover -- poverty -- it takes two to three months to get it. Commissioner Reyes: Yes. Vice Chair Gort: Because it have to go through a process which makes it difficult. A lot of times, these agencies, they need the funding right away, when we make a commitment to certain agencies, so if this is a process that we can use, I don't mind using it, as long as it is used for the purposes what it's been used for. But the process that we have right now, it takes forever. It's got to go through different offices, different -- Commissioner Reyes: Yeah, it does. Vice Chair Gort: -- it takes months to get the funding. Chair Russell: Commissioner Reyes. Commissioner Reyes: If I may add, I asked -- also, I asked the Budget Director if there was any procedure, any process on utilizing those funds faster. And I am very glad that Commissioner Gort brought it up, because I think that in this case, this case shows the need to have a process that we can expedite those funds. Commissioner Carollo: (UNINTELLIGIBLE). City of Miami Page 58 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Commissioner Reyes: That's right, we have to expedite those funds, because those funds -- when we have people that are in need that we are going to serve them with these funds, we must have a process that will expedite the use of these funds. Chair Russell: And what did you learn, Commissioner Reyes, about that process? Do we have a process? Commissioner Reyes: No, we don't have a process. I learned that we don't have a process, and I'm requesting that we establish a process to expedite funds when they are needed. Commissioner Carollo: See, both -- Chair Russell: Commissioner Carollo, just a minute. Is that clear to the Management -- Unidentified Speaker: Yes. Chair Russell: -- regarding a process on API funds? Unidentified Speaker: Yes. And we are working on that now. Chair Russell: Commissioner Carollo. Commissioner Carollo: Thank you, Chair. I'm glad that Commissioner Gort brought that out, and Commissioner Reyes also interceded. This is the reason we're bringing this item up, because there was no possible way that we could have brought food to the most needy of our district if we had to wait months for people to get checks. So what we did was we took it from one of our other accounts that is very limited in funds, and we were advised that this is the right way of getting reimbursed. Now, what we're asking for is 35,000 and just a few dollars, which is what we spent in giving food out. Originally, we had another approximately 30,000 that was coming for reimbursement for last year's fiscal year's budget. When I saw that from my office, I didn't want to go back to last year's. I think it's cleaner to begin just from this fiscal year, and this is why you see the difference from the original 65 to approximately 35. But the bottom line is, it was all reimbursements that we were going to be receiving for using the funds as it's intended for the funds to be used. And when I say that, I want to clan fy that I also saw that funds were being spent in different areas that, while it's open to interpretation and everything was legal from anyone that used it, from the Mayor's Office on down, I feel that the best appropriate use for those funds is food, is to spend it in the areas that people need the most. And right with food is housing needs for people, if you have to help or whatever. So I just wanted to clarift that and thank my colleagues for bringing out the most important issue that we all have with this. It's taken months and so much paperwork to get this approved, and we need, as my colleagues have requested now, a process that's quicker. That's not to say that, you know, we want to change anything on what the appropriate approval should be; the process for the appropriate approval. But, you know, several months to get a check is ridiculous. Chair Russell: Thank you, Commissioner. I recognize that we are setting a precedent and creating new process, so I'd like to -- Ms. Mendez: We're not -- Chair Russell: -- follow up on what -- Ms. Mendez: -- Chairman, we are not right now creating a new process but -- City of Miami Page 59 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Chair Russell: We have given direction to the Manager to create new process. This item would set a precedent and we -- as we've never transferred API funds directly into a Commissioner's discretionary account. So my addition to the direction on the Management on creating this process is that we treat each of the Commissioners' discretionary accounts as we would the API expenditures normally. Normally, API is brought to the Commission, and -- as this item is -- but normally, from that point on, the funds are given to a vetted not -for -profit, for example, and there is an internal process that the Administration works directly with them. What I would like to see in that process is just a backup item for that transfer, that reimbursement, that lets the Commission be able to vote, with full transparency to the public, on what the funds were spent on -- Commissioner Carollo: Okay. Chair Russell: -- and if at all possible, to have a backup on this item to add it to the item as an amendment, I think would be a good precedent as we move forward in that. Commissioner Gort first, and then Commissioner Reyes. Commissioner Carollo: Do we have -- Commissioner Reyes: First of all -- Vice Chair Gort: We're not asking to get reimbursement into the accounts. What we're asking is the process; when we request for an agency to receive their funds -- Commissioner Reyes: That's right. Vice Chair Gort: -- to expedite the process. Chair Russell: Yes, an improvement to that (UNINTELLIGIBLE). Vice Chair Gort: Because right now, the process is taking two hours [sic], so it's not reimbursed and -- Commissioner Reyes: Yes, sir. Vice Chair Gort: -- back to the -- already spent. Chair Russell: This item isn't a reimbursement to a Commissioner's office. Vice Chair Gort: Just finance. Chair Russell: Right. Vice Chair Gort: But what we're asking -- Chair Russell: A direction is a separate -- and you're right. Vice Chair Gort: -- is your assistance, like we have for different agencies that we have funds for; that they receive it -- there's a process that can be expedited -- Commissioner Reyes: Mr. Chair -- Vice Chair Gort: -- so we don't have to go through that process. Chair Russell: Agreed. Commissioner Reyes. City of Miami Page 60 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Commissioner Reyes: -- and Commissioner Gort is right. What we're asking is for a process in order to expedite the use of the funds. Now, in this particular case, in order to keep -- in order to -- for -- and the sake of transparency, what we are asking is to have the paperwork that -- how these funds were used -- you see? -- in order for everybody to know that this is just a reimbursement of funds that were used for the purpose of API, you see. Chair Russell: Yes. Commissioner Reyes: But given the fact that we don't have a process, it was needed by Commissioner Carollo that, to use it from his discretionary, with the -- because he needed at the time, and now what he wants to do is to replenish his discretionary, but the funds were used to feed the people. Commissioner Carollo: That request is very appropriate, Commissioner. Commissioner Reyes: Yes, sir. Commissioner Carollo: And I certainly expected that to be done in such a way. Madam City Attorney, my office put that together. Was this put into -- added to the package today of where the funds are going to? Ms. Mendez: I drafted the changes, but we can automatically upload that backup information into this file for all to see. Commissioner Carollo: Well, my office has it. I thought that yesterday, they made sure that it was crystal clear what you had. What is the will of the Commission? If they don't have it, I could get someone to bring it in, or if you like -- Ms. Mendez: I believe the Administration has a copy of all the backup information -- Commissioner Carollo: Yeah. Ms. Mendez: -- and we can upload it into this as the modified item. Commissioner Carollo: Yeah. Joe, you got that yesterday, right? Joseph Napoli (Deputy City Manager): Yes, sir. Chair Russell: What I'd like to see is -- well, they'll need a few minutes to do that. That's -- Commissioner Carollo: Yeah. Chair Russell: -- absolutely fine. We have yet to place a motion on this item, so let's just table this for a moment. We've got some other items to take up before 11 o'clock, and we can get back to that one and have the backup in the amendment. Commissioner Carollo: That's fine, yeah. I'd prefer it that way. Chair Russell: I think there's no problem. Commissioner Carollo: Thank you, Chair. Chair Russell: So we're going to table RE.8 for the moment. Later... City of Miami Page 61 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Chair Russell: We are going to be done with this day's agenda before lunch -- that is my promise to you -- except for our time certain item. I'd like to go back to RE.8. We've been handed out some backup materials that will give us into the public record the accountability that the Commissioner's office is offering. And so, I'm open to a motion on RE.8. Commissioner Carollo: It's a motion -- Victoria Mendez (City Attorney): Chairman, and we will add those in as an exhibit, so I just wanted to make that clear for the record. Commissioner Reyes: RE (UNINTELLIGIBLE)? Commissioner Carollo: RE.8. Ms. Mendez: Thank you. Commissioner Reyes: What? Commissioner Carollo: RE.8. Commissioner Reyes: Oh, RE.8. Chair Russell: RE.8 is the API (Anti -Poverty Initiative) fund reimbursement to District 3. The first amendment was to -- well, we didn't have a motion on the item, but the item title was going to be amended to cut it about into half and make it "reimbursement"; and then the Commissioner's offering a second amendment with regard to the backup materials, showing a list of expenditures. Is there a motion on the item? Commissioner Carollo: There's a motion. Commissioner Reyes: Second. Chair Russell: Motion by Commissioner Carollo; second by Commissioner Reyes, as amended, I assume. Commissioner Carollo: Yes. Chair Russell: Any further discussion on the item on the dais? Commissioner Reyes: No. Just a reminder, friendly reminder that we want to start the process in expediting API (INAUDIBLE). Chair Russell: Agreed. All in favor of the item, say "aye. The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. City of Miami Page 62 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 RE.9 RESOLUTION 5320 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO SECTION 18-72 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 1 SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE ("API") IN A TOTAL AMOUNT NOT TO EXCEED TWENTY THOUSAND DOLLARS ($20,000.00) TO ALLAPATTAH COMMUNITY ACTION, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("ACA"), IN SUPPORT OF ACAS HOLIDAY SEASON FOOD PURCHASES FOR ELDERLY RESIDENTS IN DISTRICT 1 PROVIDED AT ACAS CENTER AND THROUGH ACAS HOME DELIVERY SYSTEM AND TO ADDRESS A RECENT REDUCTION IN ACAS FUNDING; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-19-0033 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: And we're going to take up RE.9, Allapattah Community Action API (Anti -Poverty Initiative) expenditure. Is there a motion on RE.9? Vice Chair Gort: Move it. Chair Russell: It's been moved by Commissioner Gort. Commissioner Reyes: Second. Commissioner Carollo: Second. Chair Russell: Seconded by Commissioner -- I think I heard Reyes first. Commissioner Carollo: Yeah, Reyes first. Chair Russell: Any discussion or questions on this item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. That's RE.9. END OF RESOLUTIONS City of Miami Page 63 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 AC.1 5356 Office of the City Attorney AC - ATTORNEY -CLIENT SESSION ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE JANUARY 10, 2019 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE MATTER OF FLAGSTONE ISLAND GARDENS, LLC AND FLAGSTONE DEVELOPMENT CORP. V. CITY OF MIAMI, CASE NO. 17-13829 CA 44, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS AND/OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE COMMISSIONERS WIFREDO "WILLY" GORT, KEN RUSSELL, JOE CAROLLO, MANOLO REYES, AND KEON HARDEMON; GONZALO DORTA, ESQ.; MATIAS DORTA, ESQ.; LAURA BESVINICK, ESQ.; AND JULIE NEVINS, ESQ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes ABSENT: Carollo, Hardemon Notes for the Record: Item AC.1 was deferred to the January 24, 2019, Planning and Zoning Commission Meeting. City ofMiarni Page 64 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 AC.1 5356 Office of the City Attorney ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE JANUARY 10, 2019 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE MATTER OF FLAGSTONE ISLAND GARDENS, LLC AND FLAGSTONE DEVELOPMENT CORP. V. CITY OF MIAMI, CASE NO. 17-13829 CA 44, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS AND/OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE COMMISSIONERS WIFREDO "WILLY" GORT, KEN RUSSELL, JOE CAROLLO, MANOLO REYES, AND KEON HARDEMON; GONZALO DORTA, ESQ.; MATIAS DORTA, ESQ.; LAURA BESVINICK, ESQ.; AND JULIE NEVINS, ESQ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon City of Miami Page 65 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 AC.1 5356 Office of the City Attorney ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE JANUARY 10, 2019 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE MATTER OF FLAGSTONE ISLAND GARDENS, LLC AND FLAGSTONE DEVELOPMENT CORP. V. CITY OF MIAMI, CASE NO. 17-13829 CA 44, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS AND/OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE COMMISSIONERS WIFREDO "WILLY" GORT, KEN RUSSELL, JOE CAROLLO, MANOLO REYES, AND KEON HARDEMON; GONZALO DORTA, ESQ.; MATIAS DORTA, ESQ.; LAURA BESVINICK, ESQ.; AND JULIE NEVINS, ESQ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes ABSENT: Hardemon Note for the Record: For minutes referencing Item AC.1, please see "Order of the Day." END OF ATTORNEY -CLIENT SESSION City of Miami Page 66 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 BC.1 5337 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Chair Keon Hardemon Vice Chair Ken Russell Commissioner Manolo Reyes City of Miami Page 67 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 BC.2 3685 Office of the City Clerk BC.3 5338 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Keon Hardemon Vice Chair Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Javier Banos Commissioner Joe Carollo ENACTMENT NUMBER: R-19-0010 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Ms. Ewan: And Commissioner Carollo, I believe, has an appointment. Commissioner Carollo: Yes; to BC.3, Bayfront Park Management Trust Board. I'd like to appoint Javier Banos. That's my appointment that's been empty. Commissioner Reyes: Move it. Chair Russell: It's been moved by Commissioner Reyes. City of Miami Page 68 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 BC.4 4251 Office of the City Clerk Vice Chair Gort: Second. Chair Russell: Second by Commissioner Gort. All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Motion passes. Ms. Ewan: Thank you, Chair and Commissioners. Chair Russell: Thank you very much. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE CITY OF MIAMI BEAUTIFICATION COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Jorge Viera ENACTMENT NUMBER: R-19-0011 NOMINATED BY: Commissioner Wifredo (Willy) Gort MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: Are we ready to take up RE.8? Probably not yet. In that case, we will move to the BC (Boards and Committees) agenda, and we'll knock that out prior to 11 o'clock, where we have a time certain. Nicole N. Ewan (Assistant City Clerk): Good morning, Chair and Commissioners. BC.4, City of Miami Beautification Committee: Vice Chair Gort will be reappointing Jorge Viera. Vice Chair Gort: Move it. Chair Russell: It's been moved by Commissioner Gort. Commissioner Reyes: Second. Chair Russell: Seconded by Commissioner Reyes. All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Motion passes. City of Miami Page 69 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 BC.5 5196 Office of the City Clerk BC.6 5340 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Keon Hardemon Commissioner Manolo Reyes RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Chair Keon Hardemon Chair Keon Hardemon Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Manolo Reyes Commissioner Manolo Reyes RESULT: NO ACTION TAKEN City ofMiaini Page 70 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 BC.7 5339 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Rosa DeSanchez Commissioner Wifredo (Willy) Gort ENACTMENT NUMBER: R-19-0012 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Nicole N. Ewan (Assistant City Clerk): BC.7, Commission on the Status of Women: Vice Chair Gort will be reappointing Rosa de Sanchez. Vice Chair Gort: Move it. Commissioner Reyes: Second. Chair Russell: It's been moved by Gort; seconded by Reyes. All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Motion passes. City of Miami Page 71 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 BC.8 5198 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EDUCATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Voting Member) (Post -Secondary Education Representative) (School District Representative) (Children's Trust Representative) (Ex-Officio Non -Voting Member) (Ex-Officio Non -Voting Youth Member) NOMINATED BY: Chair Keon Hardemon Commissioner Manolo Reyes City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez City Manager Emilio T. Gonzalez RESULT: NO ACTION TAKEN City of Miami Page 72 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 BC.9 3855 Office of the City Clerk BC.10 3856 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Keon Hardemon Chair Keon Hardemon Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes IAFF FOP AFSCME 1907 AFSCME 871 RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Fausto Alvarez Commissioner Wifredo (Willy) Gort ENACTMENT NUMBER: R-19-0013 City ofMiaini Page 73 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 BC.11 5343 Office of the City Clerk MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Nicole N. Ewan (Assistant City Clerk): BC.10, Finance Committee: Vice Chair Gort will be reappointing Fausto Alvarez. Vice Chair Gort: Move it. Commissioner Reyes: Move -- second. Chair Russell: It's been moved by Commissioner Gort; seconded by Commissioner Reyes. All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Porfirio Jimenez Commission -At -Large (AFSCME Local 1907) ENACTMENT NUMBER: R-19-0014 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Nicole N. Ewan (Assistant City Clerk): BC.11, General Employees and Sanitation Employees Retirement Trust: Local 1907 is requesting confirmation of Porfirio Jimenez. Commissioner Carollo: Move. Commissioner Reyes: Second. Chair Russell: Been moved by Commissioner Carollo; seconded by Commissioner Reyes. All in favor, say "aye." City of Miami Page 74 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 BC.12 1599 Office of the City Clerk BC.13 4064 Office of the City Clerk The Commission (Collectively): Aye. Chair Russell: Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chair Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MAYOR'S INTERNATIONAL COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Ryan Dooley ENACTMENT NUMBER: R-19-0015 NOMINATED BY: Commissioner Wifredo (Willy) Gort MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Nicole N. Ewan (Assistant City Clerk): BC.13, Mayors International Council: Vice Chair Gort is requesting reappointment of Ryan Dooley. Vice Chair Gort: Move it. Commissioner Carollo: Move. City of Miami Page 75 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 BC.14 5199 Office of the City Clerk BC.15 5039 Office of the City Clerk Commissioner Reyes: Second. Chair Russell: It's been moved by Commissioner Gort; seconded by Commissioner Reyes. All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI FOREVER BOND PROGRAM CITIZENS' OVERSIGHT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Chair Keon Hardemon RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE OVERTOWN ADVISORY BOARD/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Youth Member) NOMINATED BY: Mayor Francis Suarez Chair Keon Hardemon Chair Keon Hardemon Chair Keon Hardemon Chair Keon Hardemon Chair Keon Hardemon RESULT: NO ACTION TAKEN City of Miami Page 76 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 BC.16 4261 Office of the City Clerk BC.17 5345 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Patrick Gajardo ENACTMENT NUMBER: R-19-0016 NOMINATED BY: Commissioner Wifredo (Willy) Gort MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Nicole N. Ewan (Assistant City Clerk): BC.16, Parks and Recreation Advisory Board: Vice Chair Gort will be reappointing Patrick Gajardo. Vice Chair Gort: Move it. Commissioner Reyes: Second. Chair Russell: Been moved by Commissioner Gort; seconded by Commissioner Reyes. All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes City of Miami Page 77 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 BC.18 5346 Office of the City Clerk BC.19 5043 Office of the City Clerk [ RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE SEA LEVEL RISE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City Manager Emilio T. Gonzalez RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE SENIOR CITIZENS' ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Keon Hardemon Vice Chair Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes RESULT: NO ACTION TAKEN City of Miami Page 78 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 BC.20 3693 Office of the City Clerk BC.21 5200 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE STARS OF CALLE OCHO WALK OF FAME COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Joe Carollo Commission -At -Large Commission -At -Large Commission -At -Large RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Ignacio Permuy ENACTMENT NUMBER: R-19-0017 NOMINATED BY: Commissioner Wifredo (Willy) Gort MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Nicole N. Ewan (Assistant City Clerk): BC.21, Urban Development Review Board: Vice Chair Gort will be reappointing Ignacio Permuy. Vice Chair Gort: Move it. City of Miami Page 79 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 BC.22 5201 Office of the City Clerk BC.23 4411 Office of the City Clerk Commissioner Reyes: Second. Chair Russell: It's been moved by Commissioner Gort; seconded by Commissioner Reyes. All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Mayor Francis Suarez RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY BEACH PARK TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Richard Townsend Commission -At -Large ENACTMENT NUMBER: R-19-0018 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon A motion was made by Vice Chair Gort, seconded by Commissioner Reyes, and was passed unanimously, to appoint Richard Townsend as a member of the Virginia Key Beach Park Trust, further waiving the residency requirements of Section 2-884(a) by a four/fifths (4/5ths) vote of the members of the City Commission, as it relates to Richard Townsend as a member of the Virginia Key Beach Park Trust. City of Miami Page 80 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 BC.24 5347 Office of the City Clerk Nicole N. Ewan (Assistant City Clerk): BC.23, Virginia Key Beach Park Trust: The Trust is requesting confirmation of Richard Townsend, who requires a four -fifths residency waiver. Chair Russell: Where does he live? Commissioner Reyes: Yeah. Ms. Ewan: Out of the City of Miami District. Chair Russell: Is there a motion on the item? Vice Chair Gort: Move it. Chair Russell: It's been moved by Commissioner Gort. Commissioner Reyes: Second. Chair Russell: Seconded by Commissioner Reyes. We need a four -fifths on this; is that correct? Ms. Ewan: That's correct, Chair. Chair Russell: All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE WATERFRONT ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Wendy Kamilar ENACTMENT NUMBER: R-19-0019 NOMINATED BY: Commissioner Wifredo (Willy) Gort MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Nicole N. Ewan (Assistant City Clerk): And BC.24, Waterfront Advisory Board: Vice Chair Gort will be reappointing Wendy Kamilar. Vice Chair Gort: Move it. Commissioner Carollo: Second. City of Miami Page 81 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Chair Russell: It's been moved by Commissioner Gort; seconded by Commissioner Carollo. All in favor, say "aye." The Commission (Collectively): Aye. END OF BOARDS AND COMMITTEES City of Miami Page 82 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 DI - DISCUSSION ITEMS DI.1 DISCUSSION ITEM 5206 Department of Real Estate and Asset Management A DISCUSSION ITEM OF THE MIAMI CITY COMMISSION REGARDING THE SITE SELECTION ANALYSIS PREPARED IN RESPONSE TO A CITY COMMISSION DIRECTIVE REGARDING THE INTENDED SITE FOR THE NEW CITY OF MIAMI ADMINISTRATIVE BUILDING. RESULT: DISCUSSED Chair Russell: I will move now to the discussion items. DI.1. Mike McShea: Mr. Chairman, I have a short presentation that -- Chair Russell: Your name, please? Mr. McShea: It's Mike McShea. I'm the Executive Vice President of CBRE, and lead the State and local practice nationally for that company. Chair Russell: Thank you. How much time do you need? Mr. McShea: 10 minutes at the most. Chair Russell: 10 minutes. Mr. McShea: At the most; I could shorten it up. Chair Russell: Yeah, we got seven until our next item on time certain. Mr. McShea: I can do seven. Chair Russell: And you're representing the City negotiating the MRC (Miami Riverside Center) -- Mr. McShea: That is correct. Chair Russell: -- and analyzing the relocation possibilities; is that correct? Mr. McShea: Yes, sir. Chair Russell: All right. Please, go ahead. Mr. McShea: Mr. Chairman, Commissioners, we were tasked with the responsibility to help you all identify a replacement facility location for the new MRC facility. So over the past couple of years now, since 2016, CBRE issued a bid to award both the lease or the sale of the existing MRC facility and replacement facility. In August 2016, that bid was awarded to the Adler Group. And then finally, this past November, you all had asked us to make sure that this item was put on the vote for referendum. It was passed, I think, at a 62 percent. In today's meeting, this is basically to talk to you about what location we would recommend for the replacement facility. We went through an exhaustive evaluation process, including City of Miami Page 83 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 site location, size of parcels, existing zoning, surrounding uses. It was -- included a team of valuation and advisory services, hearing international construction and development costs, a tax evaluation; and then, also, we included your Planning & Zoning Department and the Department of Real Estate and Asset Management. Through that process, as we looked at each of the individual sites, we looked at like the size of the site. Could it accommodate the amount of square footage that you needed? Ease of access; location for citizens and existing employees. Could they get there conveniently? How and when the building might be delivered in terms of timing; zoning changes, et cetera. We have gone through an exhaustive process. We took 500 City sites; reduced it to 135 through an initial review. That eventually went to 35 sites, where we performed an exhaustive study. And then, most recently, we've analyzed the top five sites, which are as follows: The AT&T (American Telephone and Telegraph) site; the Marlins Stadium surface parking lots; the Melreese Golf Course; Biscayne Park, and Nexus Riverside Center. After evaluating all those factors, it is our recommendation that -- the team's recommendation -- the City consider its location at Nexus Riverside, which is where the existing MRC facility is today. We chose that location for a number of reasons; in particular, timing, less risk, and more certainty of delivery; the location is familiar to citizens; its proximity to major roadways and transportation; something that we believe is very important, the long-term property valuation and appreciation. And so, our recommendation today to you as your real estate staff -- adjunct staff -- is that you all accept our recommendation for Nexus Riverside Center as the new location for MRC. Commissioner Reyes: Just -- Chair Russell: Thank you very much. Commissioner Reyes, you'd like to be recognized? Commissioner Reyes: Yes. I -- for one, I've been asking that an alternative site be identified to build our Administration building, because it's my opinion that by building it where it is now, there is an opportunity cost that we are not taking into consideration when you're doing your analysis. I am in favor of further investigating the possibility of using the site by the Orange Bowl, and we can enter into an agreement with the Marlins. Maybe the Marlins will untie our hands. And there is - - I spoke with Mr. Adler -- we spoke about this before -- and I think that it will behoove your project not to be next to an Administration building since we are sharing a lot of things, and it could be much -- I mean, better for you, and it would be better for the City if you -- instead of using that land for an Administration building, we lease it and we enter into agreement with Mr. Adler, so he builds another tower, residential tower there, and we use the proceeds from that tower, plus the proceeds that we're going to receive for the other towers, and we will pay the cost of building someplace else. If we do it like that, we will have a brand-new building, which is going to be a building in less than 10 years is going to be our building, and we will have a continuous stream of revenues; that it will come every -- I mean, it will surpass the -- probably $14 million when you put all of them together. And that stream of revenue, it will be constant for -- I mean, forever. And besides that, if we have the opportunity of building our -- to the maximum -- building to the maximum -- and we did just numbers like this, because I wasn't into it, and I would request a little time that we analyze this more in depth; taking into consideration the opportunity, the cost, -- indirect benefit and indirect cost, you see? We can build, say, to the maximum we -- if we acquire these three parcels -- about 546,000 square feet. We only need 300,000 square feet. We can rent that, and that will provide, if we rent the rest at $25, we would provide us, the City of Miami, with $6 million dol - - additional dollars. Also, we can build our parking there; and also, we can also rent, retail; that we will build retail on the first floor, you see? And we can build about 50,000 retail. I mean, maybe we use 13,000, and then that leaves another 40,000 square feet that if you rent at $25 a square feet, you will get a million dollars. And furthermore, by building in that area, which it is located close to a Metrorail City of Miami Page 84 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Station, and one of the covenants that we had in the -- I think in the global agreement -- is that a trolley was going to be built that's going to bring people from the -- I think it's -- that's the Santa Clara Station, right? -- I think from that station to the stadium, and never been -- I mean, have never been developed. We can bring our people that works -- are workers, and we will provide them with transportation, and, see, that is nice. I have heard the argument that we are close to Dade County, that building in downtown Miami. But what do you want to do with Dade County when you're asking for a permit from the City of Miami? What? You going to go to DERM (Department of Environmental Resource Management)? You have to go to 24th Street and 150th. You are not going to fix -- I mean, you're not going to solve that in downtown Miami. I don't see the benefit of the argument of us being in downtown Miami as a logical argument. Another thing is, which is -- concerns me a lot -- that it is a very underdeveloped area. By building in that area, we are creating the critical mass that will foster economic development in the area. For example, if you're working at the City of Miami in that building, and you -- I mean (UNINTELLIGIBLE), you have the opportunity of purchasing a house next -- I mean, very close to it, because housing cost in that area is not that high, and therefore, what we're going to be doing will be improving the housing stock. It will -- the additional need that is going to be created by those people, that critical mass, is going to develop businesses and all of that around. I think it is a win/win situation, and I'm requesting that we have more time and do the -- and I would like to -- if -- with permission from the -- my colleagues -- to direct the City Manager to work with the Marlins and see if we can develop our -- and it is my opinion, you see, and my analysis, based -- I am not a real estate developer. I'm just a simple economist, that I like to deal with numbers and see what the benefits are, and how can we develop and we can improve the quality of life of our city. Mr. McShea: May I respond? Chair Russell: Thank you, Commissioner. I'd like to hear your response to that, and then I would like to ask the Administration for their recommendation, if you have any specific (UNINTELLIGIBLE). Mr. McShea: Certainly. So, Commissioner, we agree that that site needs to be activated. It's just our professional opinion and that of our team that this particular use will not achieve what you're looking to do. We think that an entertainment district, with its own separate RFP (Request for Proposals), incorporating the stadium and all those things could, in fact, generate a 24/7 community, really invigorate the area; and, per your suggestion, we think that ought to be done there. It's just that we didn't believe as a collective team that having people there from 8 to 5, going home at night, was going to activate the region the way that you had intended. Commissioner Reyes: You see -- may I answer, sir? Chair Russell: Just a moment, please. Commissioner Reyes. Commissioner Reyes: Yes. Do you have any example around the world -- I mean of the United States -- where you have a building, a governmental building next to a stadium, and it has not created any -- because have not created any activation of economic activity in the area? Mr. McShea: No, it's going to -- Commissioner Reyes: Do you have any example that you can say? Mr. McShea: I do. In Mobile, Alabama today, we're developing their civic center site, 23 acres, immediately adjacent to the downtown area. It includes residential, City of Miami Page 85 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 office, and retail. But that project was initiated with that 24/7 community in mind; not as an afterthought to the development of the existing office building. Commissioner Reyes: The 24/7 does not apply, because the Marlins is a sta -- I mean, the only thing that they have is a game -- 180 -- I mean, 76 games; that's all they have. I mean, it's not a 24/7. It's not an entertainment area, you see. It doesn't - - it is not an entertainment area. And I do believe -- I do believe that if we don't -- are very -- I mean, aggressive in developing that land; that land is going to be there forever. Nobody is going to come and try to deal with it, because it's very difficult to - - I mean, deal with, according to all the agreements that we have with the Marlins. And now, I think, is the right time for us to talk to the Marlins since we are suing them, you see? We're suing them, and I think that they will be willing to talk to us, and it will benefit them. If you check the schedule, their schedule, there is only six daytime games, so there is no interference, whatsoever, between their games and the activity that is going to take place in that area; and that way, that we're going to have uses -- we're going to use our garages, that they are always empty. We're going to be using that area and activating. I respectfully disagree with you, because I've seen instances that it had happened. And if you analyze it, I think that it will be extremely beneficial for the area and for the City of Miami that we develop in that area. Chair Russell: Thank you, Commissioner Reyes. The Administration would like to speak. If there's a Commissioner who would like to address first -- Vice Chair Gort: Yeah. I respectfully wanted to disagree with you, Commissioner Reyes. I think that we can use that for maybe a soccer stadium. Commissioner Reyes: Well, I -- Vice Chair Gort: It's right next to the Marlins. We could put a soccer stadium. Commissioner Reyes: -- but that is development, also. If we have a soccer stadium there, that'd be fine. But I don't want to see that land being -- lay there. Chair Russell: Thank you, Commissioner Reyes. Vice Chair Gort: I understand, but what I'd like to see -- you're discussing the economics -- I'd like to see the future impact of whatever is done in each one of the areas. My understanding is the value of the land, the value of the building, and the - - and at the MRC, it's going to be even higher within that downtown Miami than in any other place. You also have public transportation close to downtown, which is very important. So this is something I think we -- I would like to see it right there. I think it'd be expedited, it could be done right away, and let's look at the numbers. I mean, if that's what you want, let's look at the numbers -- Commissioner Reyes: That's right. Vice Chair Gort: -- and the future impact. Chair Russell: Thank you. I'd like to let the Administration respond, and now that we've seen the scoring on this and the analysis, we'd like to hear your recommendation. Daniel Rotenberg (Director): Thank you, Commissioners. Daniel Rotenberg, Department of Real Estate and Asset Management. As you see, it's a very vigorous and fervent debate. We have analyzed this every which way, and we've gone the extra step of starting to speak with the Marlins, and having conversations. And Commissioner Gort and the other Commissioners are correct. As is, Commissioner City of Miami Page 86 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Reyes, there is a lawsuit there right now, and every time we've approached the Marlins to have a discussion on that site, it's been a very difficult discussion. And right now, we've got the response from them that it will continue to be difficult. The quickest path to getting our site up and running is to stay where we are; and more importantly, we would be moving a few hundred yards -- or a few hundred feet -- I'm sorry -- away from our existing building. We would still enjoy the terminal value of our City building, moving a little bit over to the north, and our value to that building would increase going forward, as opposed to moving where the Marlins are right now. Now, if we do move anything toward the Marlins, we would need to build something full, which would be over 400,000 square feet. I would love to see that happen. I would love to continue to have the discussions with the Marlins, but that would create a problem if the City would ever share space with another entity, with a private office or a mixed use. It would be a very difficult process for us to do that and share space. At the end of the day, it would be a great idea to activate that site and have a private developer go ahead and work on an RFP or a public/private partnership, and for the City to remain on site, so we can enjoy every benefit that we've analyzed. Chair Russell: So the recommendation is? Mr. Rotenberg: Stay at the site where we're at right now, moving it a few hundred feet over to the north. Chair Russell: Thank you very much. Is there a will of the Commission to accept or reject the recommendation of the Management and the analysis through CBRE to move forward on that site? Commissioner Reyes obviously disagrees. I'd like to hear the will of the Commission. Vice Chair Gort: Well, I think I stated my will. Chair Russell: Where -- staying on the same site? Vice Chair Gort: Staying on the same site. I think we can expedite the whole thing, and the value of the property is going to be a lot higher within that area. Chair Russell: Would you like to create a motion giving direction, or sit tight on this discussion item? Victoria Mendez (City Attorney): So -- Vice Chair Gort: I'd like to hear from all the other Commissioners. Ms. Mendez: -- this is great to discuss it -- Vice Chair Gort: This is a discussion. Ms. Mendez: -- but this was only a discussion item; it wasn't supposed to be a vote today to move forward either -- any which way. Vice Chair Gort: Yeah, that's right. Ms. Mendez: Obviously, if it's the will of the Commission to move forward on a site and pick it, then we can put it on the next agenda to give that directive. But right now, this was a discussion item. It's -- that's how we had -- Chair Russell: Well, they -- we have very opposing concepts here, so we really need to get the direction of the body in order for the Management to know what they're doing, or they'll just be spinning wheels, and we'll be fighting. So -- City of Miami Page 87 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Mr. Rotenberg: I have -- if I may, Commissioner, the developer also would like to see some direction at this point, because the last time, we were told to bring this up for discussion, and we need to have some sort of a decision made by the Commission to move forward. The developer would like to see something move ahead so they can get along with their project, we can get along with ours, and have some direction from the Commission. Commissioner Hardemon: Mr. Chairman? Chair Russell: Commissioner Hardemon. Commissioner Hardemon: If my opinion matters, I'd like to throw my support behind the recommendation of the City, as well. Chair Russell: I believe we have -- so we're thinking about two basic sites at this point on the dais; that's the -- next door to the current MRC site and the Marlins Stadium site. I am open if the body would like to pass a resolution directing the Manager to start moving forward on looking at one of those. I hear the will of a couple Commissioners here, one over here. I, too, probably am leaning toward taking the recommendation of the analysis and the Administration, and moving forward. Is there a motion? Commissioner Carollo: If -- Vice Chair Gort: Let's hear from the other Commissioners. Chair Russell: Commissioner Carollo, we haven't heard from you yet. Commissioner Carollo: Yeah. Look, I started looking at this from a different perspective that's been discussed here, or that the item has (UNINTELLIGIBLE). First of all, I wanted to make sure, since we rushed in putting this on the ballot so that they could meet the ballot deadline -- otherwise, they would have had to have waited until this November of this year -- I started on my own, before I spoke to the developer, before I spoke to the Administration. I wanted to be sure that the numbers that they were giving us in construction costs, et cetera, were within the ballgame of what would be the cost, and I'm satisfied with that, that the numbers they've given us are fair numbers for a 20-story building. Approximately, the cost, not including the buildout, is about $75, which is fair, because it could go from 70 to 80, so they're right in the middle. This is a no frills building. It's a government building. What we have at the MRC (Miami Riverside Center) is above and beyond anything you'll find in a government building, except maybe the Supreme Court in Tallahassee, and that's because FPL (Florida Power Light) built it. They put the best marble, they put the best everything, and we bought it from them when they sold it, but those numbers they gave us are fair numbers for a 20-story building. Where the difference can come in is if we would have sufficient land somewhere else to go about eight stories or so -- obviously, we would need more land, because we're not going up -- there, then, your costs drop to somewhere -- depending on how you build it -- 150 to 175 per square foot. So let's use the number -- the higher number, 175 versus 240, 250. Now you have a spread there of maybe $75, which is a good difference, but that's only if we can build up to eight story and find sufficient land. Now, looking at another possibility of what we could do is this building, no matter what the Administration has told me, is a fairly new building, the one we have, the MRC. It's got the finest marble, the finest components that were put in; it's only about 20 years old. I cannot see the huge amount of dollars that would be needed to refurbish that, like I'm told. So another option that we had was to -- and there is sufficient land there. In fact, that's one of the things that the Manager saw when he came in -- what I had seen -- that we could actually built [sic], and we have enough City of Miami Page 88 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 land there to build on the site. And what 1 was told originally that we couldn 't fill in those slips; well, they're filling it in, so we certainly could There we could save money, because if we build an eight -story building, our cost would be no more than 175. We would need six floors to put the additional 90,000 square feet that we need, and then we'd have an extra two floors for parking, and we have the garage that we have there built already, and we have some additional spaces. That's also a potential that we could still look at. There are other locations that we can potentially look at in going. One that's not far from there -- and we would stay within the downtown core -- and that's the present site of our police station, and we could either build a new police station there, or if they want to go to another parcel of City -owned land by the cemetery, we could build a new Administration building there and save some money, because we could still keep the garage that we have in the back. Another possibility, if -- and I say that with a big capital "I-F" -- if we approve the Melreese deal in going forward, the -- there 's about a five -acre parcel, or so, on the side that could be looked at for the future. Commissioner Reyes: Next to this building here, we'll (UNINTELLIGIBLE). Commissioner Carollo: Yes. The -- Chair Russell: And Commissioner Carollo, all of the sites you've mentioned have been analyzed in this chart, and scored actually. Commissioner Carollo: No, no, I understand, but I'm talking about real possibilities. But here 's the -- and I at least think, in a short time frame, because I -- this is one that I -- I understand what the developers are going through. They're paying real money in interest with the money they borrowed on that other site, so they got to come to a point that they either move forward or they build, and we lose the opportunity of putting the building there, and I understand that. But what Commissioner Reyes asked for is not unreasonable, a little more time to decide, and we're not going to lose anything if we wait a little more time so he could analyze it and feel reassured on what he 's saying, and then we could take it up. Now the one thing that 1 will say -- and this is one that I've been speaking to the City Attorney -- we will have to negotiate with the developer, and once they build that building for us -- and it's going to be close to 300,000 square feet, I believe, plus additional parking space -- I've asked the Administration to give me a real -- not, you know, off someone's back number, but a real number that they can justify what that building would be worth if it's built there. And it's obvious, if you get a building that's built in the downtown core -- and particularly, this one is still basically waterfront, and while you're downtown, you're almost into Brickell, so you have the best of both worlds. You don't have to get the rush to get out of downtown, because you're right over the bridge. That's got to put additional potentials, and that building there would be worth more, once it's built, than any of the other sites that we 've seen here. So once I get the real number of what the potential of that building is, if they build it for us, that could give us additional possibilities, but I need to get the City Attorney to give me some legal opinions on it. So I see no reason -- and we certainly should do it out of a courtesy if we're not going to lose anything -- if a member of this Commission asks for additional time, as long as within that time, because of the constraints they're going through, and I understand that, financial constraints in the interest they're paying for that land next door -- it's reasonable. But a member of this Commission has asked for extra time. I don't think that we 're talking about months, but in a reasonable amount of time to bring it back, and we vote upon here if we want to approve this site or another site or no site. Chair Russell: Thank you, Commissioner Carollo. Commissioner Reyes would like to speak. I'd like to try to bring the discussion item to a close and see if there's a motion or not -- City of Miami Page 89 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Commissioner Reyes: It is -- Chair Russell: -- but if it's -- Commissioner Reyes: -- I'm just going to say a couple of things -- Chair Russell: Yep. Commissioner Reyes: -- you see. I just received this yesterday, you see. I could be cute, on a five-day ruling, you see, because I received this yesterday. Another thing that this happen is -- happening is that in all these analysis, I haven 't seen what it is -- it is an economic term, but exist, which is the opportunity cost -- Chair Russell: You mentioned that. Commissioner Reyes: -- of developing someplace else and giving -- give that land the best use. You see, traditionally, what we have in the City of Miami, we are the worst users of our properties, you see. We have used our property in a way that no other city has done it, see. We have been so inefficient through history. And if there is an opportunity cost, if there is a possibility that we can have an additional stream of revenues, and that's the only thing -- I mean, listen, I don't have any -- I don't gain anything if you build it in Timbuktu or you build it there. What I'm doing is, I'm frying to protect the City, the people elected me to protect. Chair Russell: Understood. Thank you, Commissioner Reyes. Commissioner Reyes: Okay. That's the only thing that have. Chair Russell: It's -- you 're -- Commissioner Reyes: Please -- Chair Russell: -- it's very clear, you 'd like more time. Commissioner Reyes: -- include the opportunity cost in (UNINTELLIGIBLE). Mr. Rotenberg: We 've actually did the study -- Vice Chair Gort: Excuse me. Excuse me. Mr. Rotenberg: -- and that study was passed around. Chair Russell: Mr. Rotenberg, Mr. Rotenberg, just a moment, please. Commissioner Gort, and then we 're going to close discussion for lack of a motion, unless there is one. Mayor Suarez: Mr. Chair? Vice Chair Gort: During discussion item, I've made the statement that we should get that information that was requested by Commissioner Reyes, because I think it'd be very important of us. What is impact in building the different place and the cost and the benefit of the appreciation? And this, you can bring it back in the next meeting; they have an idea, more or less, where we think we're going. Mr. Rotenberg: We 've already done this. This was handed out as part of the book. There's a 50-page packet that includes all of this, and CBRE has done the studies. They're all in there. And the fact that Commissioner Reyes said he received it yesterday, it was published with the book, and it's been handed out. I'm sorry for City of Miami Page 90 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 that. I don't mean any disrespect, but this has been out there since this book was published, and we brought it around; we've met with Commissioners three times. We 've already figured out what the terminal value of the building is. Commissioner Reyes: But you -- Chair Russell: Please. Let's -- Commissioner Reyes: -- have not included the opportunity cost, the additional (UNINTELLIGIBLE). Mr. Rotenberg: The opportunity costs that you 're looking at are in there. Everything has been done, including the terminal value of the building. Commissioner Reyes: Okay. Well, I haven 't seen it, sir. Chair Russell: I'm going to -- please, let's all -- through the Chair, one at a time; again, for the sake of the Clerk and the record. I'd like to recognize the Mayor, who'd like to -- Mayor Suarez: I'll yield to Commissioner Gort. Chair Russell: Commissioner Gort, please. Mayor Suarez: I think he wants to say something. Vice Chair Gort: All I'm asking -- I understand you put a book. The book might have been there, but we receive I don't know how many books that we have to go through at the same time. We'd like to see it, not only because of the books -- we look at the books, but it's a lot of people sitting here, a lot of people listen and viewing this program, and I want to make sure that we get all the information in here on the record so people understand. The developer has an idea on how the votes, more or less, are going to go. All we have, one Commissioner asking for some additional information that is specific. That's all. Now, this was put here as a discussion item. It was not to make a decision today -- that 's my understanding -- because I asked for that. Mayor Suarez: Correct. Vice Chair Gort: This can be done next week -- Chair Russell: I think the -- Vice Chair Gort: -- or next Commission meeting. Chair Russell: -- will of the body is clear. Mr. Mayor, would you like to make any comments on the item? Mayor Suarez: Yes, I do. Thank you. I just want to chime in on the issue. I agree with the Administration's recommendation, as, I think, generally, is the sentiment of the Commission. Obviously, there's an opportunity cost associated with doing it on any piece of property. And obviously, if we don 't use a certain piece of property, we have it available for other uses, which, of course, there 's a tremendous amount of need in the City for a variety of different things, including, but not limited to, affordable housing, for which we have an additional $85 million beyond what we're going to be spending. The Commissioner and I have spoken about some other options, which can -- we can explore from a legal perspective, but I do think it's most efficient -- And I also think that the residents of the City of Miami voted on this City of Miami Page 91 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 item with the expectation that it would be done this way. That doesn't necessarily mean we can't do it the other way; that's why we did the analysis at your request, but that does -- I do think that there is an expectation from the residents and an opinion of the residents that this is the best location. Chair Russell: Thank you very much, Mr. Mayor. I'm going to close discussion now, please. I know -- I can see that we are not going to take a motion on this item. I would like to -- we are a little delinquent now on this -- on our time certain. You'd like to address the Commission, sir? David Adler: Yes. There 's -- Chair Russell: Two minutes, please. Mr. Adler: -- no motion going to be made? Chair Russell: I do not see the will -- Commission Gort agrees that more time needs to be given to analyze. Two Commissioners here clearly say they're not ready to move forward. Mr. Adler: With all due respect -- and thank you all for having us here and being able to work on this with you -- if we can't have a time determined, like I had discussed with almost every single one of you that this would be on the January, potentially, 28th, is it? Chair Russell: 24th. Mr. Adler: -- 24th, then you all need to know, as I've said to all of you individually, this site will not be an option for the new building. We are going to have to work together for a new site, but when we look through these reports, the one that has been recommended by staff the Mayor, and it seems like the majority of the Commission, it's not going to be done. Chair Russell: What is the time urgency for the 24th? Mr. Adler: That we are going forward with a new project. Commissioner Carollo: David, how -- Mr. Adler: I've held the property for four years. We were told at referendum we needed to do this process. I'm not sure if everyone here understands the magnitude of work that went into that process from then to now. Almost every single question that was asked today is in the booklet in front of you; almost every single question. Commissioner Reyes: Okay. Sir -- Mr. Adler: So I don't understand what is being asked. And you were not given a timetable of when something will be resolved, so you need to understand -- so it's not a surprise -- that we're going to have to limit it to four sites, not five. Chair Russell: Thank you very much. Mr. Adler: Thank you. Chair Russell: Please. I'm going to control this discussion, because if there is not a motion on this item, we're going to close, but 1 believe if -- understanding the time urgency from their side, we need to see something back from the Management and City of Miami Page 92 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 work with each Commissioner to find at least a majority, if not a consensus, to move forward in the very near future. Mr. Mayor. Mayor Suarez: Thank you, Mr. Chair. I think it's appropriate, based on the discussion here today, to bring an item, a specific item, at the next Commission meeting, a resolution. And also, taking into consideration the information that's been requested by several Commissioners, the item can be voted up, the item can be voted down, based on the additional information that's being requested, and I think everybody will be satisfied with that. Commissioner Reyes: I have just a simple question, one simple question. David, can you start your project, you see -- because you are starting two towers, right? Mr. Adler: No. Commissioner Reyes: Can you start construction without having -- Mr. Adler: I'm going to be starting one tower immediately that 1 have an approval for. Commissioner Reyes: Okay. Is that -- I mean, if we don't have the site for the Administration building, that will impede you from starting your business? Mr. Adler: Unfortunately, it would. Commissioner Reyes: How come? Just because I'm ignorant. Mr. Adler: The site encompasses the whole property. Commissioner Reyes: So you are going to turn down -- now you 're going to destroy it? I mean -- Mr. Adler: We were willing to not move forward with those building plans to work with you all on a comprehensive plan. Yes. Commissioner Reyes: You're going knock down now the Administration building? Vice Chair Gort: No. Commissioner Carollo: No. Mr. Adler: No, no, no. On the original -- our property that is next door. Commissioner Reyes: You 're going to build on your property next door, right? Mr. Adler: Yes, sir. Commissioner Reyes: But the Administration building is going to still be there. Chair Russell: Yes. Mr. Adler: Yes, you would still be the neighbor. Commissioner Reyes: Okay. I mean -- Mr. Adler: Yes. City of Miami Page 93 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Commissioner Reyes: -- if we are -- meanwhile, if we are deciding that whether we're going to change it or not, you still can build, right? Mr. Adler: Absolutely. No, no. We just wanted to make sure everyone is reminded - Commissioner Reyes: That's right. Mr. Adler: -- as our conversations. Commissioner Reyes: I mean, I want you to start your project -- Mr. Adler: Of course. Commissioner Reyes: -- as soon as you can. My only concern is not your project. It is -- as I stated to you when we met in my office, it is the best use for that parcel. That's it. But you can start tomorrow if -- I mean, I vote for you to start now, if it is - - that is, the Administration building is the one that is in question, I mean. Mr. Adler: Thank you. Chair Russell: Thank you very much. Gentlemen, we 're going to -- Commissioner Carollo: I have another question of Mr. Adler. Mr. Adler, forget about the time frame of the next meeting on the 24th, because we could call a special meeting any time we would like; the Mayor could certainly call it. What 1'd like to hear is not about our deadline that we have a meeting on the 24th. How many days - - you had told me I think you needed -- the most you could give us in 30 days before you have to move forward. If we call a special meeting, you certainly have a few more days than the 24th. Mr. Adler: Sorry; say the last part. Commissioner Carollo: If we call a special meeting just for this, we don't have to deal with this on the 24th? Chair Russell: You mean after the 24th but -- Commissioner Carollo: Yeah. Chair Russell: -- before the next Commission meeting, is what you're saying? Commissioner Carollo: Yeah. So what I'm asking from you is how many -- how much time do we have? You told me, whenever we met -- yesterday, the day before; I forgot -- that you had 30 days before you had to make a decision. So does this Commission have four weeks, let's say, before --? Mr. Adler: We are reasonable. We would like to work with you all. This has been four years in the making, but we can't end meetings with no time tables and no decisions. Chair Russell: Can the Management bring something on the 24th, please? Vice Chair Gort: When? Mayor Suarez: Of course. Chair Russell: All right. City of Miami Page 94 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Vice Chair Gort: That's what -- Chair Russell: So I have very -- I have a very simple job here; it's to control the flow and count to three. I'm already failing at the flow, and I don't see three, so I would like to close this discussion and move on to our distinguished guests, who are here on, I believe, RE.4. Mayor Suarez: Perfect. Mr. Adler: Thank you. Chair Russell: Thank you. Ms. Mendez: I'm reminding everyone that the agenda goes to print on Monday, on Monday. Mayor Suarez: (UNINTELLIGIBLE) Monday. Ms. Mendez: Okay. DI.2 DISCUSSION ITEM 5182 Office of the City Attorney DISCUSSION ITEM REGARDING A NOTICE TO THE CITY COMMISSION THAT AN AFFIDAVIT OR CERTIFICATE WILL BE FILED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA REGARDING A DECLARATION OF RESTRICTIONS FILED AT BOOK 12000, PAGE 2469, FOR THE PROPERTY LOCATED AT 240 SOUTHEAST 14 STREET, MIAMI, FLORIDA COMMONLY REFERRED TO AS BABYLON APARTMENTS. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Reyes ABSENT: Carollo, Hardemon Notes for the Record: Item DL2 was deferred to the January 24, 2019, Planning and Zoning Commission Meeting. For minutes referencing item DL2, please see "Order of the Day." City of Miami Page 95 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 DI.3 DISCUSSION ITEM 5213 Department of Housing and Community Development and Department of Planning DISCUSSION ON CITY OF MIAMI'S VERSION OF INCOME AND RENT LIMITS AS COMPARED TO MIAMI-DADE COUNTY AND A LOOK AT VARIOUS INCOME AND RENT LIMITS AND THEIR EFFECT ON PROJECT REVENUES AND PROJECT FEASIBILITY. RESULT: DISCUSSED Note for the Record: For additional minutes referencing Item DL3, please see "Public Comment Period for Regular Item(s)." Chair Russell: We now have a discussion item on the City versus County AMI (Area Median Income); that is DI (Discussion Item) -- was it 3? Where are we? DL3, discussion, AMI calculations. Commissioner Reyes, would you like to --? Commissioner Reyes: Yes. You and I -- Chair Russell: Is your mike on, sir? Commissioner Reyes: This is the income and limits on AMI. As stated since the first time that I got here, I don't think that when we provide additional density or units -- additional units in exchange for some of them to become affordable or workforce, I think it was -- it is my opinion, given the fact that what they're using is the County AMI, that is not representative what affordable or workforce would be, I would say, not only for the City of Miami; I would say for most of the City of -- for most of Dade County, you see. Therefore, when we agree that -- what if somebody comes and ask for additional density or they ask for additional units? -- that a limit should be placed on the percentage of the -- since we cannot impose our AMI, the City of Miami, because I think it goes against the County Charter, so -- Oh, no, the HUD (Department of Housing and Urban Development), against HUD. That's what you said, right? George Mensah: George Mensah, Director of Community and Economic Development. It's early; we cannot impose it on HUD projects, not (UNINTELLIGIBLE). Commissioner Reyes: On the HUD projects, but on local projects, yes. Mr. Mensah: Yes, yes. Commissioner Reyes: Local projects, yes. And if it is going to be used, I think that we have to use the City AMI, and if it is HUD projects that are going to be -- we have -- that funds from HUD, that we should use no more than 80 percent for workforce and no more than 60 percent for affordable. Mr. Mensah: Okay. We can -- Chair Russell: Commissioner Gort. Just a moment, gentlemen. Commissioner Gort. Commissioner Reyes: Yes. City of Miami Page 96 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Vice Chair Gort: Let me tell you what the problem is. When you use AMI from the County and somebody -- we give them a lot of -- we have to create a lot of incentive for the contractors and developers, which I think is very good -- they go on, they build, but unfortunately, the people that moved in there, the people, they're not residents of the City of Miami -- Commissioner Reyes: Yep. Vice Chair Gort: -- because they cannot afford -- the residents of the City of Miami cannot afford what they have to pay in order to comply with them. The only reason we can do things -- and I've done that, quite a few of them myself -- is by getting a lot of incentives. If you get a lot of incentives and the financial, then you can do those things, and you can work it out. We had worked and we talked about -- I'm a great believer in market rate and mixed use. Alfredo Duran (Deputy Director, Department of Community and Economic Development): Right. Vice Chair Gort: I think it's got to be a mixed use, because we continue to create poor neighborhood and maintain them poor, but if you mix it, it becomes a little -- more of a buying power, and the people, they can move within that neighborhood. Commissioner Reyes: Yes. Chair Russell: I believe -- Mr. Mensah, you wanted to speak? Mr. Mensah: Yes. I would like Alfredo to stand. Mr. Duran: I do want to -- Good afternoon, Mr. Chairman. Alfredo Duran, Deputy Director, Department of Housing and Community Development. Today's discussion is precisely about that. We're going to compare the County's median income with the City's median income and what relationship one has with the other. We're going to see that the City's median income is roughly 73 percent of the County's median income, but we're also going to learn that there are neighborhoods in the City of Miami which are severely lower than that. There are some neighborhoods where you have at least 16 percent of their median income compared to the County's median income. So it is important that when we look at our policy that we take that into consideration. We're also going to see how the application of these median incomes will have on our policy, and we're going to use as an example a policy that's very well used now, which is the attainable double density 20/80 policy. We're going to show a project that can come to the City 12 units by right under market rate -- charging market rate. That project will have an operational cost and a net operating income that will allow it to have a borrowing power equal to or greater than the development cost, therefore, making it feasible. That same developer, benefiting from the attainable housing ordinance, will now double the density with the promise that 20 percent of those units will be affordable and 80 percent will be workforce. Applying the County's AMI to those, that particular development will result in a better borrowing power than the by -market version of the same power, making it financially feasible. However, if we were to apply as a wide brush the City's AMI, then that particular project will have a borrowing capacity of half of that amount, making it potentially not developable. So when we look at policy and we look at how we apply the AMI, we have to be considerate to a policy that has to stand on its own, because that particular example that would now have a borrowing power of half, arguably, would not be able to be developed if it were not for additional subsidies that the City would have to provide, or someone else. And a policy that can't stand on its own is not a good policy. So today's exercise, we're going to discuss that. And I think that this particular exercise needs to be brought forth in a workshop environment, where all the players can participate to arrive at a policy that not only City of Miami Page 97 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 serves the development of affordable -- more opportunities, but also the City's residents. Commissioner Reyes: Mr. Duran? Chair Russell: Commissioner. Commissioner Reyes: Mr. Duran, as I understand, this discussion started because, as Commissioner Gort said, we provide a lot of incentives, and the -- I don't think, personally, that will have so much an effect if you are going to build, let's say, a 10- story building, and now you're going to go to 16, and you have 20 apartments that they are going to be declared for affordable. The borrowing effect of those is not as bad or is not -- I mean, will not have that negative effect if you have the whole building, you see -- I mean, using the City median income -- as if you have the whole building declared affordable. It is (UNINTELLIGIBLE) -- because if you want something, you see -- you're a developer, you come, and we are giving you an incentive to build -- I mean, to build affordable housing, but you are gaining on it also. Mr. Duran: Absolutely. Commissioner Reyes: You are gaining additional income, because -- I mean, to build a couple of -- two or three more floors, and offering us 10, 15 apartments, that's not going to, I mean, have that negative effect that you're stating. Mr. Mensah: Commissioner -- Mr. Duran: We'll show some examples now of what -- Mr. Mensah: -- we have examples here, so we'll go through the presentation, and then at the end of it, you know, have -- Commissioner Reyes: Because it is -- my concern is this, you see, we have -- and that's been my concern since day one. The developers, they come here, and they said, "Okay, we want additional density, additional apartments," and all of that. We said, "Okay, fine, fine." And then that's going to be -- 10 percent of those additional apartments are going to be affordable. That's -- they even comes and they offer without we asking for -- 10 percent is going to be affordable or 10 percent is going to be workforce. Then, when they use the County median income, there is -- as just Mr. Gort said, there is not a resident of the City of Miami that could move there, because that is going to be very close, very close to market rate. It's very close to market rate. Then we are offering them a benefit, an incentive, but the product that we are receiving, which would have been those affordable apartments -- affordable housing, is not affordable; it's a misnomer, according to the City of Miami median income. Mr. Mensah: Commissioner -- Commissioner Reyes: That is my main concern, sir. Mr. Mensah: Mr. Chair, I think one of -- the reason why we are here is to bring exactly what you are saying out, and what we've done is that we explained the income limits, compared the City's with the County, have a chart for the City, and then we went on to use examples, like Alfredo said, which we did calculations and we will show it so that you can see how those things work. Chair Russell: But it sounds like your recommendation is going to be, "Yes, we need to dig deeper on affordability." City of Miami Page 98 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Mr. Duran: Yes. Mr. Mensah: Exactly. Chair Russell: "Yes, that it's not the same to say workforce in the County level is the same as the City level." Mr. Mensah: Yes. Chair Russell: But you are not recommending to change the scale on which we measure. You're simply saying, "Let's go with a policy of more aggressive affordability on that County scale." Mr. Duran: Absolutely. Mr. Mensah: Yes. Chair Russell: That is your end recommendation -- Mr. Mensah: Yes. Mr. Duran: Absolutely. Chair Russell: -- of what we're about to hear. Mr. Mensah: Yes. Mr. Duran: Yes. Chair Russell: Okay. Commissioner Reyes: But it -- Chair Russell: I just wanted to nutshell it before you get into it, to make sure we're all on the same page. Commissioner Reyes: But, Commissioner, with all due respect, but if they go more aggressive on the affordability, that means that it's going to be -- rent is going to be higher -- Chair Russell: No, no, no. Mr. Duran: No, no. Chair Russell: Aggressive on cheaper rents. Mr. Duran: No, no, no. Commissioner Reyes: Oh, on cheaper rents. Okay, fine. Commissioner Reyes: Yes. Chair Russell: Yes. Mr. Duran: There's a slide that'll show the calibration of what the County and the City's are. City of Miami Page 99 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Commissioner Reyes: Okay. Mr. Duran: And so, let's -- Vice Chair Gort: I got a question. Mr. Duran: -- go through that and we'll see. Chair Russell: Commiss -- just a moment. Commissioner Gort. Vice Chair Gort: Let me ask a question. I understand you do all the analysis and the studies and so on. When you look at the -- a incentive that we're giving -- I had a gentleman come to me in Allapattah. He -- by right, he can build 60 apartments. With the new law, the new things we're trying to put together, he can build 120. Commissioner Reyes: That's right. Vice Chair Gort: Where do we put the cars? Because every time I go to one of those meetings, public hearings, and I talk to the senior citizens, I tell them, "You guys don't drive." "What do you mean; we don't drive? I'm 90 years old; I have a car." I have major problems with parking within my district, and I'm sure a lot of the districts have the problem with the parking. Commissioner Reyes: You're absolutely right. Vice Chair Gort: If you go through our neighborhoods on Saturday night, on the weekend, you can see the amount of cars that parked around, and the amount of complaints that we receive from the people. So I hope, when you doing all this consideration of the incentive, you got to be careful. Commissioner Reyes: Yes. Can I add to the -- Chair Russell: Yes, sir. Commissioner Reyes: -- Commissioner Gort? Yes, I want to know why -- I think that we are living under an illusion; an illusion that if you're close to a Metro Station, or something like that, that you're not going to need a car, and then we allow them to reduce the number of parking spaces, but we have to start from basic, that we have a horrible mass transportation system. A person that live -- let's say that you can live in a -- right here, next to that Metrorail Station on 27th Avenue. If you work in Doral, you don't have any other way to get to the route if it is not by car, you see. The only way that you can get by Metrorail -- using Metrorail is if you work downtown Miami or if you work at Jackson and Hialeah, and that's going to take a whole full hour, hour and a half you see, that you're better off -- Now, my question is, why are we reducing -- just as Commissioner Gort -- we are reducing the parking requirement, you see? Because that's when -- If we start building now this new development that we want to build around here, and offering additional units, you see, what's going to happen is that that parking is going to spill into the neighborhood, and just as Commissioner Gort said, we're going to receive a bunch of complaints about it, you see. Because, definitely, we are not the type of -- we're not New York. We're not Chicago, you see. We have a horrible, a horrible, almost non-existent mass transit system, you see. I mean, this is an automobile. And if you think that you can change that overnight, you're dreaming. Chair Russell: Thank you, Commissioner. I think it's clear where a few of the Commissioners stand here on reductions in parking requirements as an additional incentive. From a building perspective, it's a big give, because, obviously, that's a big cost to them without a lot of revenue. So if they can reduce parking, it's a big City of Miami Page 100 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 help, but we do recognize the need to be careful where that's applied and then how much. So I see you have about a 16-page slide presentation. How long you need for that? Mr. Mensah: Probably about 10 minutes, we'll be done. Chair Russell: All right, but -- okay. Gladly, I'll allow it. It's -- this is something that's very important to all the Commissioners, and to fully understand, as abbreviated as you can make it. I think we understand the gist of where you're going with this, and the backup documentation's very clear, but please, go -- Mr. Mensah: Okay. I will speed it up. Commissioner Carollo: Hold on. Mr. Mensah: Okay, so -- Chair Russell: Just -- Commissioner Carollo: Did Gort leave? Did Commissioner Gort leave? Mr. Mensah: Right now, what -- Chair Russell: Did he leave? I don't think so. Commissioner Carollo: Yeah. He's still here? Chair Russell: Yeah. Commissioner Carollo: Okay. Mr. Mensah: Okay. What we've done -- the charts you see here is just the count -- the HUD chart that shows the County -- the median income based on the County's. The first one is the Miami -Dade, which, in HUD language, they call Miami, Miami Beach, and Kendall, which is the MSA, Metropolitan Statistical Area. And now, the bottom one, you see Fort Lauderdale. The median income from HUD, as you can see, is 52,300 for Miami -Dade, and 65,700 for -- Now, the next one you see is the -- just to show you the Census Bureau. When you look at the Census Bureau, every year they come up with what is called the `American Community Survey" that gives the demographic of a particular city or a county. So as you can see, just based on this, the population of the City based on the account, 2017, is 463,347, and the -- obviously, the County is 2.7 million. But I want to draw your attention to the yellow part, which is the median household income; for the City, it's thirty-three thousand, nine, nine, nine, nine [sic], and the median income for the County is 46,338. So when you look at it, the difference there is 17 percent, which means that the City's median income is actually 73 percent of that of the County. So what we then did is that we used that to come up with -- this is the median income that the -- HUD provides, so we used that 73 percent to come up with a median income of the cities, which goes through by household size and then by the rental. So the chart that you see here shows you that, for example, for one person in the County, the median -- the income for what we call "extremely low level," which is 30 percent of median income, for the County, it's 16,550, but for the City, it's 11,301. And the rent -- a studio rent will be 413 for the County, using County median, but 303, using City median. So -- which means that when the City decides to do odd year ordinances based on City median, then for a studio, we expect that for one person for a studio, the payment will be 303 instead of 414 -- $13. Now, I also want to draw your attention to the fact that the City also -- just as we talk about the fact that if you look at the County, the County has a higher median income than the City. If you look at City of Miami Page 101 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 the City itself, within certain neighborhoods, we have incomes that are very low, and I wanted to show you -- I think -- (UNINTELLIGIBLE) -- it's not in the presentation, but if you look at the chart there, these are the opportunity zones that the states actually call (UNINTELLIGIBLE). Look at some of them. We have places in the City where the poverty rate, for example, is 64 percent. We have places in the City where the median income is 18 percent of the County's. We have places that median income is 34.57. So if we've been using the City's median income and we decide to take that across the City, that might not work for those communities. So what we are suggesting is that we continue, because of the fact that the Ci -- the County median income is standardized, we always get it from HUD and from (UNINTELLIGIBLE) that we continue to use the County median income. However, instead of the levels, we adjust the levels to reflect the particular neighborhoods in the City -- right? -- and saying, 60 percent of County is the entire city. We can go to 40 percent for certain neighborhoods, 60 percent for certain neighborhoods, 80 percent for certain neighborhoods, because, like you're saying, Brickell, for example, 140 percent of County is still low, because people there are making so much money, the rent is still low. So that what we are going to do is come up with zones -- and I think the Planning Director, who's going to (UNINTELLIGIBLE) -- need to come out with zones that reflect the actual income of the community, and we will reflect the rent levels also, so that if a developer comes and say that "I'm going to build in this particular zone," we say, "Okay, you want to build this zone, you have to go 30 percent of median income; you have to go 20 percent. And if you want build in this zone, you have to go 80 percent, you have to go" -- because of the fact that -- otherwise, the people in those communities can still not afford to live there. Commissioner, we will also make sure that we go to mixed income. So when we say 30 percent, it doesn't mean that everybody will be 30 percent. It means, you'll have some at 30 percent, some at 80, and some at maybe 100 percent, so that you'll continue to have mixed income in the community. One of the things that we've tried to do is not to warehouse the poor. We don't want to make sure that because this area is all low income that we continue to have low-income communities. So we will have a range of income levels, but income levels should be -- we have to have some in such a point that people that live in the community can be able to afford those properties that come in there. And this is an example that we talked about. This is a hypothetical 12-unit property in Miami with unit mix as shown. We -- if the person is going to build 12 units, there will be two one -bedroom, four -- there will be four -- what do you call? -- one bedroom at 80 percent, two at 50 percent, two bedroom, and then obviously, adds up to 12. The average unit size is 941. The operational cost that we used is based on the 2018 National Apartment Association Survey of operational cost for garden -style and mid -rise apartment developments. We are going to use the cost of construction, but for the purpose of discussion, we left out the cost of construction. And the market rents that we used are based on December 2018 Rent Survey for Miami from RENTCafe, which is a website at (UNINTELLIGIBLE) apartment. This exercise is to show the contrast between revenues from income types used and not an actual development feasibility. So this is not an actual development feasibility. It's just to show the revenues that you will get from this. Now, the next one will be a 24-unit property, the same 12 unit, but now they're taking advantage of the double density attainable housing, which says that you have to have 20 percent affordable, 10 percent, 30 percent, and then another 10 percent at 50 percent, and then the rest is workforce. And so, when they say they're going to do that, the City allows them, let's say double density. So now, instead of 12 units, now they can build 24 units. So we're going to do an example that shows this using County median, and then the same double density using City median. So we did the analysis, and I will explain to you now. The first one -- we used a comparison chart. The first one: Number of units, 12,000 [sic]; the monthly revenue there will be 19,620; and the annual rental with vacancy -- less vacancy is 22 -- 223,668; annual operating expense, which is based on the number that I told you from the 2018 National Apartment Association, will be a quote, about 62,796. So this project will have a net operating income of 160,872. Now, if you take that City of Miami Page 102 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 and you use what is called a Debt Service Coverage Ratio of 1.25, which is how banks come up with mortgages -- in this case, I'm assuming that there will be a 5 percent mortgage for 30 years -- the Mortgage (UNINTELLIGIBLE) Support will be $1.9 million, which is almost 2 million. So if this individual wants to go to a bank, this is how much money they can give that individual. This amounts to 166,436 [sic]. So assuming that the construction cost is 200,000 per unit, this individual can easily build a project, because the rest will be equity that the developer bring to the table. Now, let's look at the second one, the same project. This time they have 24 units, and we're asking them to use County median. When you do the numbers, it come out to the fact that for one unit, it's 184,902. Now, the difference there is almost 20 -- what? -- about 22,000 more. So -- and in fact, this project is not very rich. It's not very rich, which means the developer is now making a lot of money based on the fact that we allow double density based on County income limits. Now, when you go to the next one, which is the attainable housing with double density, and we ask them to use the City income, so the 30 percent will be City 30 percent, the 50 percent will be City 50 percent, and the 120 percent will be City 120 percent. When you do that, (UNINTELLIGIBLE) family affords $61,676. So when we use the County income, they get so much money. When you use the City income, it's barely that they can build this thing. So the discussion is that we will have a workshop, where we will look at -- the actual number is a sweet spot between these two; a spot where the developers can build, and the City can get lower income for (UNINTELLIGIBLE), and that is the workshop that we want to do, and then come to you and -- for approval. And the Planning Director will be working on this to make sure that we come to you with -- Commissioner Reyes: Question. Chair Russell: Commissioner Gort, and then Commissioner Reyes. Vice Chair Gort: Let me ask a question. What I understand is, you're saying, if we use the County income, they can borrow a lot more? Mr. Mensah: Yes. The benefit -- Vice Chair Gort: Can borrow a lot more? Mr. Mensah: Yes. Vice Chair Gort: So when they borrow a lot more, but they're going to apply the County income. Mr. Mensah: Right, the County income. Vice Chair Gort: Right? Mr. Mensah: Yes. Vice Chair Gort: So who's going to be able the afford all -- to go into those houses or those apartments? Mr. Mensah: They can't. That's the reason why we're having this discussion. Vice Chair Gort: Okay. Mr. Mensah: Yes. Chair Russell: But he's saying, if we use -- City of Miami Page 103 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Vice Chair Gort: I understand. What I'm saying is -- Chair Russell: I apologize. Vice Chair Gort: -- we have to reduce quite a bit, because when you look at the -- even your map, when you look at the City, we have three, four different cities in the City of Miami. Mr. Mensah: Exactly. Vice Chair Gort: We have very poor cities; we got very strong cities. Mr. Mensah: Yes. Vice Chair Gort: And we want to improve the neighborhood in those poor cities. Mr. Mensah: Yeah. Chair Russell: Yeah. I think what Commissioner Gort said earlier -- Vice Chair Gort: Under discussion. Chair Russell: -- is very good, actually, that it's a -- there's a balance of carrot and stick. If there's too much carrot and not enough stick, we actually produce something that's not affordable. Mr. Duran: Right. Chair Russell: When there's too much stick, then they just don't produce it at all. Mr. Duran: Right. Vice Chair Gort: (UNINTELLIGIBLE) used to. Chair Russell: So, like you said, somewhere in there is the sweet spot between going to the City version completely or just giving away the farm with the County version and not having the requirements. So I look forward to that new analysis, and I really appreciate that you brought this, Commissioner Reyes, because you're absolutely right; we're not going far enough. The rent is too damn high, and what isn't being brought up (UNINTELLIGIBLE) wages are too low. Commissioner Reyes: I have a question. From what I understand here, you are proposing that we have difference, median income, according to areas, right? Mr. Mensah: Let me explain. Commissioner Reyes: I mean, but that's what I understood -- Mr. Mensah: Let me explain. No. Commissioner Reyes: -- that if there is an apartment buil -- I mean, if there is a building that is in Brickell Avenue, for example, Brickell Avenue, that we cannot use in Brickell Avenue, we use a different median income than if it is done in Flagami, Coco -- Liberty City or Little Havana. Mr. Mensah: I wouldn't -- Commissioner Reyes: Is that what you're saying? City of Miami Page 104 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Mr. Mensah: -- use that word, "different," no. I was talking about the median income. What I was talking about is the level -- the percentage that we do -- that we use. Commissioner Reyes: The percentage -- Mr. Mensah: The percentage we use, yes. Commissioner Reyes: -- that we allow them to build additional as an incentive -- Mr. Duran: No. Chair Russell: Yes. Commissioner Reyes: -- or the percentage that we are going to request as affordable or median? Mr. Duran: The second one. Mr. Mensah: The level of the income is what I'm talking about, not the -- Commissioner Reyes: You're talking about the level of income -- that is -- that if it is in -- what you do in a rich area, that apartment building, the rent in that area is going to be a lot higher than if it is -- Well, sir, what we are doing by doing that, in my modest opinion, it is we are perpetrating, you see, we are perpetrating pockets of extreme poverty, because what you're doing, you're condemning the people that we want to help to live in certain areas also. Mr. Mensah: No. Commissioner Reyes: And then, we are not allowing them to move to another area. For example, they do it in Coconut Grove; that a person that lives in Liber -- I mean, in Little Havana or Overtown or Flagami, and that person is -- I mean, it's from an area that they have -- the median income is very low, but the methodology that you're going to use to determine the rent in Coconut Grove will allow for those apartments to be rented at a higher price; isn't that right? Mr. Mensah: Let me just -- Commissioner Reyes: Doesn 't make sense to me. Mr. Mensah: -- let me explain something. Commissioner Reyes: It defeats the purpose. Mr. Mensah: Commissioner, currently, currently, if somebody comes here, they build in Liberty City -- I'll use Liberty City as an example -- if somebody comes here and say, "I'm going to build in Liberty City, and I want" -- I will give you double density," and we say that, "Oh, that's great." So get a double density. And then now, they will give us this 20 percent, and then they can go to 140 percent. Commissioner Reyes: Yeah. Mr. Mensah: And the income -- and the rent, they charge how much rent? But, you know, Commissioner, in Liberty City, the 140 for the workforce rent, they can't even get it for market rate rent. They can't get it. So know what we've done? We've given a market rate project double density for nothing. City of Miami Page 105 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Commissioner Reyes: No, that's not what we're saying. What we're saying is that we are -- we have to adjust it -- Mr. Mensah: That's it. Exactly. Commissioner Reyes: -- so that person from Liberty City could move to the apartments that is going to be built anyplace in the City of Miami. Mr. Mensah: That is true. Commissioner Reyes: That's -- I think this -- in my opinion, this is the purpose of giving that incentive. It is not to keep the rich with the rich and the poor with the poor, which that will we do. Mr. Duran: No, but I -- If I may? Commissioner, what we're saying is that right now, if someone promises the City the workforce component of this ordinance -- that's 80 percent of 60 to 140 -- they're going to go to 140 wherever you build. I'm saying, the different areas where, perhaps, we can say, instead of the 80 percent of the project being from 60 to 140, maybe you should give us some 80s, maybe you should give us some 60s, and you can give us 140s, so that there's the potential for affordability for everyone everywhere. So it's to tweak it. Commissioner Hardemon: Can I --? Commissioner Reyes: I think -- with all due respect, I think that there's only one reason; one reason to give that incentive, because let me tell you this: I mean, it is a monstrosity that we have -- I have seen here that sometimes, as Commissioner Gort stated a little while ago, that a person come and (UNINTELLIGIBLE) by right could build only 60 apartments, and sometimes they double it, and then sometimes they almost triple it, and only with -- because we are asking or they're offering to provide with affordable housing, and that has been a tool that had been used by this Commission, you see, in order to provide affordable housing. But if we do it, then it's going to be by areas, and these certain areas, the affordability is going to vary according to how much people make in that area, then we're defeating the purpose. That is my -- that's my humble opinion, because what we're doing is, you see, people that live in Little Havana, they can only afford those apartments that are built in Little Havana, in little -- I mean, in Coke -- in Overtown, in Liberty City, that they have similar median income that you are not -- Chair Russell: Thank you. Commissioner Hardemon. Commissioner Hardemon: The first thing I think we should all realize is that affordability in rental properties, rental housing is a fleeting concept. So you're talking about proposing that the rents are a percentage of the area median income. Well, the problem with that is that the area median incomes change. I like for my area median income to increase. Commissioner Reyes: Yes. Commissioner Hardemon: Right? I want the people who live in my area to earn more money; something as simple as the minimum wage. If you increase the minimum wage to a proposed $15 an hour, it will have a positive effect in certain areas on the area median income, which increases the rent. Now, if the rent increases because the area median income increases, those who have a fixated -- or fixed -- Chair Russell: Fixed income. City of Miami Page 106 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Commissioner Hardemon: -- income, they have a problem. Traditionally, the remedies for that was public housing, because it wasn't a percentage of any income. Now that the government is getting out of the public housing, now we have this idea that we can have the private entity involved with providing affordable housing. Well, we know that as areas continue to improve, the affordability is still a percentage, and the percentage will increase, and as the percentage increases, then you -- the people who are living there will be earning more money. And so, areas where you have traditionally lower income are going to improve. And so, that's why I said, this is kind of like a fleeting concept. The only true way that you're going to keep housing affordable is you -- if you make housing affordable for people to purchase. As long as you have rent -- because, I mean, we all know it; we own a home. So if you can pay your mortgage for 30 years at a fixed price, that's wonderful. But in the 30 years that you've been paying your mortgage, how much has the rent increased in the area that you live in? So, you know, this is -- it's -- that's why I kind of always -- when it comes to increasing the density too much, I get nervous, because then those who actually are paying a mortgage, who decided to invest into that area, build a family, et cetera, those who are going to be there for the long term, they're impacted negatively by those who are renting from year to year, if they choose to stay in that space, because no one has a right to stay in a rental property for 30 years. I mean, you have a right to be there for the year that you have. So, you know, it's one of those things where, if we create a policy, we just have to understand that because we're talking about economic development in our communities, because we're talking about raising people's wages, the rents will increase. It is an absolute fact; you cannot run away from it. And so, the only way that we're going to continue to be able to have rental rates that are commensurate with -- or compatible with those incomes that we have is if we help continue to raise people's wages, because the wages will increase, not -- the wages will increase just because people want to move to Liberty City, they want to move to Overtown, they want to move to Flagami; and as they move there, and those housing prices continue to increase, those people are making more dollars, because they realize the community is safer, you have -- you 're closer to mass transit, you can get to all of the different things in the City of Miami that people want to be around. They're bringing higher wages. And so, no matter if the people who are there who are poor, if their wages never increase, the AMI is going to increase, because you have more residents with higher spending capacity there. And so, it's just a fact. So, you know, that -- and that's the troubling part about this all, especially when you're talking about -- that's where -- when we look at -- we look at people who traditionally in our neighborhoods who cannot afford to move elsewhere; that's why we have to help them first, because if we don't help the people who actually live in the neighborhoods, as you continue to build more housing in the neighborhood, all you're doing is making it better for people who are outside of our communities to move into our communities, so you're going to get residents from Miami -Dade County as far as from what we call, from the "Keys to the frees" that are moving into our neighborhoods, the inner city parts of our neighborhoods. They would have never come before, but for us building 120 units, where we could have had 60. Now, if you build 120 units, and everyone who was living in that area is able to move into those -- or who were renting in that area is able to move there, that's a different story, but still, if that housing is not for sale, if we can't make it affordable for them to buy, rents will continue to increase. Commissioner Reyes: I agree with you -- Chair Russell: Thank you, Commissioner. Commissioner Reyes: -- and this is one of the main reasons -- I don't know if you remember the first time that I went before the Overtown/Park West Redevelopment -- I mean, agency. It's that -- I expressed my concern about homeownership, and I think that we should stress homeownership more than rent and -- but the only way City of Miami Page 107 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 we can do that is if we provide a decent condominiums and a different -- decent prices, if we can -- affordable prices with -- but that is a different animal. It's a different type of development, you see. What we're doing -- dealing here now -- and I think we should investigate it. We should do that, because that is the most important thing; people should own their homes. That's the most important thing. How can we make -- I mean, people, that they are low income, make them homeowners, you see? That's the most important thing that I think that we can do. Commissioner Hardemon: And Commissioner, I will tell you -- and it's just a perfect fact -- in our neighborhoods where the housing is more affordable -- doesn't mean it's cheap; it's just more affordable -- as different businesses continue to buy that housing stock, single-family homes, and make them short-term rental locations, it become -- it drives up the price of the homes in the area, and it makes it more difficult for traditional people who are trying to buy homes to actually purchase in the neighborhood. And so, you're not going to be able to buy into our neighborhoods, because you're not going to be able to compete with someone who owns a housing stock that's renting it day by day and making six times the amount of money that you would make if you were just renting a single-family home from year to year. So, you know, we have a real issue that's complicated here, because, you know -- Commissioner Reyes: (UNINTELLIGIBLE) Commissioner Hardemon: -- the only housing stock you're going to have that's available is going to be rental housing. You're going to have rental housing, and you're going to have short-term vacation rentals; pick your choice. Chair Russell: Thank you. Commissioner Reyes: But this program is geared towards rental, you see. That's the problem. Chair Russell: This particular -- so -- Commissioner Reyes: This particular program, but this particular -- but I do agree and I -- I'm asking you guys, since you are the ones that are in charge of housing here -- Mr. Mensah: Yes. Commissioner Reyes: -- that you start investigating, you start working in a program, an ownership program, you see. How can we start a homeownership program? But this -- I mean, this proposal that rent is going to be -- I mean, it's just like market rate. If you move to Coconut Grove, you're going to pay more than if you move into Overtown, you see. That's what you're proposing here, you see. I mean, let's charge more to people that are going to come here. Well, what basis are you going to have on poverty of those people? You see. Chair Russell: Thank you. I would like to bring the discussion to a close. I think we got to do it all. I don't think we can say, "Let's just work on ownership and forget about rental," and we can't do it the other way around. This is a key part of it, though. I thank you for your analysis. We will keep the discussion going, and we are glad to bring policy to help you along. You can see amongst this entire board, it is a priority. So thank you very much for your work. Mr. Mensah: Thank you. Commissioner Reyes: Thank you, guys. City of Miami Page 108 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Chair Russell: We'll -- Commissioner Reyes: And we are going to -- I mean, please, keep on coming to my - Mr. Mensah: Office? Commissioner Reyes: -- off ce, and we will keep on tweaking this -- Mr. Mensah: Definitely. Commissioner Reyes: -- and I will -- we keep on -- Mr. Mensah: We'll definitely do that. Commissioner Reyes: -- discussing this until -- Mr. Mensah: Yes. Commissioner Reyes: -- we get to a happy medium that will benefit most of the people. Chair Russell: Thank you. I'm closing discussion item DI3. END OF DISCUSSION ITEMS City of Miami Page 109 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 D3 - DISTRICT 3 COMMISSIONER, DISTRICT THREE JOE CAROLLO D3.1 DISCUSSION ITEM 4899 DISCUSSION REGARDING CODE ENFORCEMENT. Commissioners and Mayor MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Note for the Record: Item D3.1 was deferred to the January 24, 2019, Planning and Zoning Commission Meeting. Chair Russell: Commissioner Carollo, you have the remaining discussion item on the agenda today if you'd like to take that up. Emilio T. Gonzalez (City Manager): Mr. Chair, if I may? I'm expecting some additional data. And given the fact that we're going to have a new Code Compliance Director soon, I would respectfully ask the Commissioner if we could defer this to the next meeting, or perhaps, he and I can meet between now and then and resolve any concerns he may have. Chair Russell: If there is a will to bring this on a coming agenda, I'd say, let's defer it, but if there's not, I'd say, let's withdraw it and bring it back when it's ready, but it's up to the Commissioner; it's his discussion item. Commissioner Carollo: I have heard the Manager. Let's defer it to the next agenda, and, hopefully, I would have to deal with this a lot lesser -- Mr. Gonzalez: Thank you, sir; appreciate it. Commissioner Carollo: Thank you. Chair Russell: There's a motion. Is there a second? Commissioner Reyes: I have some reason also. Chair Russell: All right. Commissioner Carollo: By the way -- Commissioner Reyes: I second it. Commissioner Carollo: -- Commissioner Hardemon, Russell, Carollo, and Reyes have a little list of a few things we'd like for you to bring back, like chorizo, jamon Serrano; all those good things. Mr. Gonzalez: If I could get on that list, if I could, sir? City of Miami Page 110 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Chair Russell: I think that's -- Commissioner Carollo: And I know of a former airport director that will make sure it gets through. Commissioner Reyes: That's right. And I -- can I have -- make a comment to the City Manager? Sir, with all due respect, I know that we are going to get couple of new directors and all of that, and I'm a firm believer that the greatest incentive that any employee has is that -- could go up the ladder, you see; go up the ladder, you see. I have seen that we are -- every time that a director or assistant director position comes about, we bring people from the outside. I strongly request that we look at people that they are currently with us, they have been loyal to us, and they have been working and giving their -- so many years to our City, and they are professionals; that -- take a good look at them, because sometimes we're bringing people that they don't have any experience in there, and -- just a suggestion. I know that I cannot direct you to do anything, but just a suggestion, you see. We have to take care of our own. Chair Russell: Thank you. We have a -- Mr. Gonzalez: (UNINTELLIGIBLE). Chair Russell: -- motion and a second on D3.1. Is there anyone who'd like to comment on D3.1 from the public or the board? Thank you. Any -- all in favor, say "aye. The Commission (Collectively): Aye. Chair Russell: Do we have a date? Todd B. Hannon (City Clerk): Yes, sir. That'll be January 24. Chair Russell: All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Motion passes. END OF DISTRICT 3 City of Miami Page 111 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 FL - FUTURE LEGISLATION FL.1 ORDINANCE 5118 Department of Planning FL.2 5310 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), MORE SPECIFICALLY BY AMENDING ARTICLE 3, SECTION 3.9 OF THE MIAMI 21 CODE, TITLED "SPECIAL AREA PLANS," AND ARTICLE 7, SECTION 7.1.2.8 OF THE MIAMI 21 CODE, TITLED "AMENDMENTS TO MIAMI 21 CODE," TO CLARIFY REGULATIONS, STANDARDS, AND GUIDELINES, AS WELL AS ESTABLISH OUTREACH REQUIREMENTS; TO CLARIFY SPECIAL AREA PLAN PROCEDURES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. RESULT: NO ACTION TAKEN Note for the Record: For minutes referencing Item FL.1, please see "Public Comment Period for Regular Item(s)." ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2, ENTITLED "DEFINITIONS OF TERMS," TO MODIFY THE DEFINITIONS OF ATTAINABLE MIXED -INCOME HOUSING AND WORKFORCE HOUSING; BY AMENDING ARTICLE 3, SECTION 3.15, ENTITLED "AFFORDABLE AND ATTAINABLE MIXED -INCOME HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS," TO ADD NEW INCENTIVES INCLUDING A FLOOR LOT RATIO ("FLR") BONUS AND NEW MINIMUM UNIT SIZES FOR THE DEVELOPMENT OF PROJECTS PROVIDING HOUSING FOR MIXED -INCOME POPULATIONS AT OR BELOW ONE HUNDRED FORTY PERCENT (140%) OF AREA MEDIAN INCOME AS ESTABLISHED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, TO PERMIT AFFORDABLE AND ATTAINABLE MIXED -INCOME DEVELOPMENTS ABUTTING A T3 TRANSECT ZONE BY PROCESS OF EXCEPTION WITH CITY COMMISSION APPROVAL; TO CLARIFY LANGUAGE WITHIN THE ORDINANCE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN Note for the Record: For minutes referencing Item FL.2, please see "Public Comment Period for Regular Item(s)." City ofMiarni Page 112 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 END OF FUTURE LEGISLATION City of Miami Page 113 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 NA.1 5406 Office of the City Clerk NA.2 5075 Department of Housing and Community Development NA - NON -AGENDA ITEM(S) DISCUSSION ITEM MOMENT OF SILENCE FOR THE LATE JULIO GONZALEZ REBULL - BAY OF PIGS VETERAN AND NOTABLE MEMBER OF BRIGADE 2506. RESULT: DISCUSSED Chair Russell: We'll now make the -- Vice Chair Gort: Mr. Chairman -- Chair Russell: -- presentations and -- Vice Chair Gort: -- if I may, I would like this if we're standing. I ask for a minute of silence for the passing away of Pedro Rebull. He's a gentleman that was very much involved with the Bay of Pigs invasion of Cuba; but at the same time, once he came back from prison, he was very helpful in here in this community. He was a big part of this community. So I'd like for a minute of silence, please. Moment of silence observed. Vice Chair Gort: Thank you. Chair Russell: Thank you, Vice Chairman. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF FUNDS IN THE AMOUNT OF $743,000.00 TO THE AGENCIES SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES FOR PROGRAM YEAR 2018-2019; ALLOCATING FUNDS FROM THE SOCIAL SERVICE GAP PROGRAM FUNDS, ACCOUNT NO. 14010.910101.882000; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0548 City of Miami Page 114 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 NA.2 5075 Department of Housing and Community Development MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Manolo Reyes, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF FUNDS IN THE AMOUNT OF $743,000.00 TO THE AGENCIES SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES FOR PROGRAM YEAR 2018-2019; ALLOCATING FUNDS FROM THE SOCIAL SERVICE GAP PROGRAM FUNDS, ACCOUNT NO. 14010.910101.882000; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-18-0548 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon City ofMiarni Page 115 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Commissioner Reyes: Mr. Chair? Chair Russell: Yes. Commissioner Reyes: I have a request to reconsider a resolution here. You want me to do it now, or do we expect -- I mean, do it later? Chair Russell: Which item is it? Commissioner Reyes: It's Resolution Number R-18-0548. It was adopted on December 13, 2018. And once that's -- we want to move -- adopt the item with a modification; specifically, $72,242 in Social Service GAP (General Assistance program) funds to Sunshine for All, Inc. And what we want to do is to move those funds into an account, and leave it there for other uses, instead of allocating that to Sunshine. Chair Russell: So it's a complete reconsideration of the previous item. Vice Chair Gort: Right. Chair Russell: And this is -- this would seem to be the appropriate place within the resolutions we had just gone through before. In the future, what I'd like to do is, any reconsideration items, we do at the beginning of the meeting, right around the mayoral veto time -- Commissioner Reyes: That is -- Chair Russell: -- so if there's anything we need to fix from the past, we'll do it at the beginning of the meeting, but, absolutely. Is that a -- It's a motion to reconsider? Commissioner Reyes: That's right; I have a motion to reconsider. Chair Russell: Is there a second? Vice Chair Gort: Second. Commissioner Carollo: Second. Chair Russell: It's been seconded by Commissioner Gort. Any discussion on this item? Is everyone comfortable on this, unanimously? We understand what he's trying to accomplish. I did -- Commissioner Reyes: That's right. Vice Chair Gort: Yes. Chair Russell: Okay. Commissioner Reyes: Yes, sir. I want to move -- the $72, 242 that is listed in that resolution, that it will be assigned to Sunshine for All; instead of doing that, I want that -- I mean, I have here Mr. Mensah. George Mensah: George Mensah, Director of Community and Economic Development. This is the Social Service GAP financing that we provide -- Commissioner Reyes: That's right. City of Miami Page 116 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 Mr. Mensah: -- in addition to all the other agencies. It just so happened that District 4 provided enough funds for -- Commissioner Reyes: That's right. Mr. Mensah: -- Sunshine for All; and so, they don't really need those particular funds. So District 4 wants us to take it back and then hold it for future allocation. Commissioner Reyes: That's right; hold it for future use -- Mr. Mensah: Yes. Commissioner Reyes: -- and we're going to make good use serving the people with that money. Chair Russell: Thank you. There's been a motion and a second. Madam City Attorney, there's no issue with reconsideration of this item for any vested funds? Victoria Mendez (City Attorney): There is none, but, unfortunately, I don't have the resolution numbers. Have we -- Chair Russell: He just read it. Ms. Mendez: -- read any of that? He read the resolution number? Okay. Thank you. I hadn't heard the resolution number. I just wanted to make sure we knew what we were reconsidering on the record. Yes, there's no issue. Thank you, Commissioner. Chair Russell: You need a vote to reconsider, and then you need a vote on the item once again; is that correct? Ms. Mendez: Correct, correct. On the modi -- Chair Russell: Do we have the backup from the original item? Todd B. Hannon (City Clerk): I'm not familiar with this item. I'm sorry, I didn't know it was on the agenda. Chair Russell: I do recall it, and I have seen it. Vice Chair Gort: (UNINTELLIGIBLE) amendment. Chair Russell: I'm okay with it. There's been a motion and a second to reconsider. Any discussion on the reconsideration portion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. And then, to take up the reconsideration, I assume, Commissioner Reyes, you'd like to make the motion. Commissioner Reyes: I make the motion. Commissioner Carollo: Second. Chair Russell: It's been moved by Commissioner Reyes; seconded by City of Miami Page 117 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 NA.3 5389 Office of the City Attorney Commissioner Carollo. Is the Clerk and the City Attorney clear on what the new item is? Ms. Mendez: Right. So just to be clear, you've moved to reconsider R-18-0548; and then, now, it -- you're moving to adopt it, with the modification of specifically, the $72,242 in Social Services GAP funds to Sunshine for All, should be de -obligated from the total amount; those funds to be reallocated in the future. So that is the amendment to the item. Vice Chair Gort: That's the new motion. Chair Russell: It's not an amendment. Vice Chair Gort: It's a new motion. Chair Russell: It's a new consideration of the item. All the other expenditures will stay the same? Commissioner Reyes: That's right. Ms. Mendez: But you are amending that item with this, because, remember, the item originally passed with all those allocations, so it's as modified, as amended. So you're passing it and modifying it. Chair Russell: Okay. Vice Chair Gort: She's got a point. Todd B. Hannon (City Clerk): Got it. Chair Russell: Got it. All right; yeah, procedural. So any further discussion on that change? All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Mr. Hannon: As amended. Chair Russell: As amended. And then we can -- Commissioner Reyes: Thank you, sir. Chair Russell: Not at all. Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING ANY POTENTIAL CONFLICTS OF INTEREST THE OFFICE OF THE CITY ATTORNEY ("OCA") MAY HAVE, IF ANY, TO ENABLE THE OCA TO ADVISE AND COUNSEL THE CITY OF MIAMI ADMINISTRATION IN ONGOING MEDIATION NEGOTIATIONS IN THE MATTER OF FLAGSTONE ISLAND GARDENS, LLC VS. CITY OF MIAMI PENDING IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 18-13829 CA (44). City ofMiarni Page 118 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 ENACTMENT NUMBER: R-19-0034 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Gort, Carollo, Reyes, Hardemon Chair Russell: We are -- Madam City Attorney, you need to read about a attorney - client session? Victoria Mendez (City Attorney): Right. I have to do that, and I have a pocket item on the conflict so I can -- my office can help with negotiations on the Flagstone settlement. Chair Russell: We didn't do the pocket item? Ms. Mendez: No. Chair Russell: Have you handed it out yet? Ms. Mendez: No. Chair Russell: All right. We have one last item we need to take care of please. This is a pocket item from the City Attorney. Ms. Mendez: So the pocket item has to do with my office trying to assist with the matter of any settlements on Flagstone -- on the Flagstone case, so if there are any conflicts that the Commission is comfortable with waiving those, if any, in order for my office to help negotiate the matter, and try to work out a settlement. So that is my pocket. Chair Russell: Thank you very much. Vice Chair Gort: Move it. Chair Russell: It's been moved by Commissioner Gort. Commissioner Reyes: Second. Chair Russell: Seconded by Commissioner Reyes. I'd like to open the floor for public comment on this item. This is a resolution of the City of Miami Commission waiving any conflict of interest the Office of the City Attorney may have, if any, to enable -- to advise and counsel the City Administration in mediation negotiations in the matter of Flagstone Island Gardens, LLC (Limited Liability Company) versus the City of Miami -- Commissioner Carollo: Move. Chair Russell: -- pending in the Eleventh Judicial Circuit. Commissioner Carollo: Move. Chair Russell: We do have -- we have a motion and a second already. Commissioner Carollo: Yeah. City of Miami Page 119 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 NA.4 5407 Office of the City Clerk Chair Russell: Is there any discussion on the item? Commissioner Reyes: Which one? Chair Russell: All in favor, say "aye." The Commission (Collectively): Aye. Chair Russell: Any opposed? Motion passes. Thank you very much. ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE JANUARY 24, 2019 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE MATTER OF FLAGSTONE ISLAND GARDENS, LLC AND FLAGSTONE DEVELOPMENT CORP. V. CITY OF MIAMI, CASE NO. 17-13829 CA 44, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS AND/OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE CHAIRMAN KEN RUSSELL, VICE-CHAIRMAN WIFREDO "WILLY" GORT, AND COMMISSIONERS JOE CAROLLO, MANOLO REYES, AND KEON HARDEMON; CITY MANAGER EMILIO T. GONZALEZ; GONZALO DORTA, ESQ.; MATIAS DORTA, ESQ.; LAURA BESVINICK, ESQ., AND JULIE NEVINS, ESQ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. rRESULT: DISCUSSED Victoria Mendez (City Attorney): And then I have to read the attorney -client session that was withdrawn for today, because it can't be deferred; it's withdrawn, but we 're asking for it to be held at the January 24 meeting. So, Mr. Chairman and members of the Commission, pursuant to provisions of Section 286.011(8), Florida Statutes, I'm requesting at the City Commission meeting of January 24, 2019, an attorney - client session, closed to the public, be held for purposes of discussing the pending City of Miami Page 120 Printed on 03/08/2019 City Commission Meeting Minutes January 10, 2019 ADJOURNMENT litigation in the matter of Flagstone Island Gardens, LLC (Limited Liability Company), and Flagstone Development Corp. versus. City of Miami, Case Number 17-13829 CA 44, pending in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, to which the City is presently a party. The subject of the meeting will be confined to settlement negotiations or strategy sessions related to litigation expenditures. This private meeting will begin at approximately 10 a.m., or as soon thereafter as the Commissioners' schedules permit, and conclude approximately one hour later. The session will be attended by members of the City Commission, which include Chairman Ken Russell, Vice Chairman Wifredo Gort, Commissioners Joe Carollo, Manolo Reyes, and Keon Hardemon; City Manager Emilio Gonzalez; Gonzalo Dorta, Esquire; Matias Dorta, Esquire; Laura Besvinick, Esquire, and Julie Nevins, Esquire. A certified court reporter will be present to ensure that the session is fully transcribed, and the transcript will be made public upon conclusion of the litigation. At the conclusion of the attorney -client session, the regular Commission meeting will be reopened, and the person chairing the Commission meeting will announce the termination of the attorney -client session. Thank you. Chair Russell: Thank you. The meeting adjourned at 3: 42 p.m. City of Miami Page 121 Printed on 03/08/2019